IMPORTANT POINTS
Departmental enquiry if legal and proper would not get vitiated by acquittal of delinquent by a criminal court.
Once departmental enquiry is held legal and proper, only question that remains is that of quantum of punishment or proportionality of punishment.
Departmental proceedings and criminal proceedings are two separate proceedings in law and can be conducted independently.
Standard of proof being different, acquittal in criminal proceeding would be of no avail. Departmental proceeding is not required to be stayed in view of criminal proceedings.
After holding the enquiry to be legal and proper, remanding the matter to labour court by Writ Court for decision afresh on merits would not be called for.

JUDGMENT

Abhay Manohar Sapre, J.

These appeals are filed against the common final judgment and order dated 16.04.2007 passed by the High Court of Judicature at Madras in Writ Appeal Nos.3789 of 2003 and 3790 of 2003 whereby the High Court allowed the appeals filed by the respondents and directed the appellant to reinstate the respondents with continuity of service and other attendant benefits but without payment of back wages.

2. In order to appreciate the issues involved in these two appeals, it is necessary to set out the facts in detail.

3. The appellant in both the appeals is a Public Sector undertaking known as-Bharat Heavy Electricals Ltd.(BHEL). It has a plant at Ranipet in District Vellore, Tamil Nadu. M. Mani-Respondent in Civil Appeal No.10766/2013 and T.A. Mathivanan(since dead) and represented by his legal representatives-respondent in connected Civil Appeal No.10767/2013 were the employees of BHEL at all relevant time and were working as Driver Grade II in the plant.

4. On 17.02.1991, both the respondents were on duty in the night shift in the Plant. They were supposed to remain present all the time in the Transport Department of the Plant so that on receiving the call they would attend the place of call with their respective vehicles.

5. It was, however, noticed by the officials concerned on duty that both the respondents were not found present on their respective seats and instead were found driving one forklift FLV in another shop floor. It was also noticed that they both had unauthorizedly removed one heavy machine called-"Face Milling Cutter of 500 diameter" from one shop floor and kept it on forklift and loaded in company's ambulance, which was being driven by T.A. Mathivanan. Both of them then managed to take the said machine in ambulance outside factory premises through South gate.

6. The officials, who witnessed the incident, reported the incident to the appellant (Management). The appellant took up the matter with seriousness and issued charge-sheet to both the respondents. They were asked to submit their explanation. Both denied the charges. The appellant, therefore, appointed Enquiry Officer for holding regular departmental enquiry. Both the respondents participated in the enquiry proceedings. The Enquiry Officer recorded the evidence of the witnesses and submitted his report. The Enquiry Officer, on evaluation of the evidence, held the charges as proved against both the respondents. He held that both the respondents were involved in committing theft of "Face Milling cutter" and were caught in the factory premises while on duty. The appellant accepted the report and dismissed the respondents from service on 31.08.1991. Against their dismissal order, the respondents filed departmental appeals. The appeals were dismissed.

7. This event gave rise to filing of two cases. One was by the State in the Court of Magistrate seeking prosecution of the respondents under Section 379 of the Indian Penal Code, 1860 (in short "IPC") and the other was by the respondents against the appellant (employer) in Labour Court challenging legality of their dismissal orders (ID Nos. 801 and 839 of 1993). So far as the criminal case was concerned, the Magistrate, by his order dated 24.11.1992, acquitted the respondents from the charge.

8. As regards the cases before the Labour Court out of which these two appeals arise, the Labour Court framed three issues, first, whether the enquiry conducted by the Enquiry Officer was legal and proper; second, whether the findings of the Enquiry Officer holding the charge as proved against the respondents are correct; and third, whether these two employees are entitled to claim the relief of reinstatement with back wages?

9. By Award dated 06.08.2001 (Annexure-P-9), the Labour Court answered the reference in favour of the employees by recording the following findings:

"Hence it can not be said that there has been denial of reasonable opportunity during the enquiry."

and then in Para 7, it was held that,

"it