1999 Supreme(Bom) 863
IN THE HIGH COURT OF BOMBAY
R.J. Kochar, J.
Hawaldar Singh..... Petitioner.
Versus
M/s. Taigrania Metal and Steel Industries another ..... Respondents.
Writ Petition No. 2956 of 1993, decided on 16-11-1999.
Advocates appeared :
I.A. Engineer i/b. Colin Gonsalves, for petitioner.
Piyush Shah i/b. N.B. Shah, for respondent No. 1.
Headnote:Departmental Enquiry Delinquent not knowing English Defended by a representative at the enquiry who knew English language and understood the same-The principles of natural justice not violated,
Departmental Enquiry-No standing order or rule to the effect that a copy of the report or findings of the enquiry officer should be furnished to the delinquent workman before an order of dismissal was passed-There is no such law that a second show cause notice before dismissal should be given along with a copy of the enquiry officers report or findings.
2.Being aggrieved by the said order of the Industrial Court the petitioner has approached this Court. The learned Advocate for the petitioner has submitted that the enquiry was not fair and proper and that the petitioner was not given a reasonable and adequate opportunity to defend himself on the ground of petitioner not being served with a "regular" charge sheet. I do not find any substance in this submission as the petitioner was admittedly served with a show cause notice giving all the details and the petitioner even had submitted his reply to the same. There is, therefore, no substance in the contention of the learned Advocate for the petitioner that after a show cause notice a regular charge sheet should follow mentioning the heads of the standing order etc. and in the absence of such a charge sheet principles of natural justice are violated. The purpose of serving a charge sheet or a show cause notice is to call upon the delinquent workman to submit his explanation for the allegations or charges contained therein. In the present case the respondent company did serve the petitioner with a show cause notice giving all the details of the charges levelled against him calling upon to submit his written explanation, which was even submitted by him. I, therefore, find no merit in the said contention of the learned Advocate for the petitioner.
3.The second contention raised by the learned Advocate for the petitioner is that the enquiry was held in English language which the petitioner did not know or understand. It is, however, clearly admitted by him that he was defended by a representative at the enquiry who knew English language and understood the same. In these circumstances, it is difficult to accept the submission of the learned Advocate for the petitioner that the principles of natural justice were violated. No prejudice also is shown to have been caused to him.
4.The third ground on which the enquiry is assailed by the learned Advocate for the petitioner is that a copy of the report or the findings of the Enquiry Officer was not furnished to the petitioner, and therefore, he had no opportunity to make a representation to the employer, i.e. t