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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
ANIL S.KILOR, RAJ D.WAKODE
Ravidas S/o. Shivramji Rangari – Appellant
Versus
Union of India, Ministry of Petroleum Oil and Natural Gas – Respondent
JUDGMENT :
Anil S. Kilor, J.
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
3. The petitioner, while working as Assistant Manager (Operation) was allegedly caught red-handed for accepting the illegal gratification, by Central Bureau of Investigation (CBI) officials. Whereupon, an enquiry was conducted and the petitioner was dismissed from service vide order dated 03/03/2014 issued by the respondent No.4. The same was upheld by the appellate Authority vide order dated 09/01/2015. Thus, in the present writ petition, the orders dated 03/03/2014 and 09/01/2015 as well as the enquiry report, are under challenge.
Brief facts of the present case are as under :
4. The petitioner entered into service of the respondent No.2 as Typist-Clerk. He was promoted up-to the post of Assistant Manager (Operation). While working as Assistant Manager (Operation), it is alleged that on 19/08/2010 Shri D.T.Welturkar, along with the petitioner, during inspection detected a tampering in the locking system of Tank Truck No. MH-31/AP-4771, which was loaded for MSRTC, Gadchiroli. As per the guidelines of the Indian Oil Corporation Ltd., tampering w
A disciplinary enquiry must be based on evidence; mere allegations or FIR production without witness examination cannot substantiate a finding of guilt.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
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