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1980 Supreme(Del) 57

HARISH CHANDRA, B.N.KIRPAL
PRABHU DAYAL – Appellant
Versus
MUINICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
B.K.Paul, MADAN BHATIA, RANDHIR JAIN

HARISH CHANDRA,j.

( 1 ) IN this petition Sarvshri Prabhu Dayal, Jai Narain, Rohtas Singh and Mahavir Singh, employees of the Municipal Corporation of Delhi, have challenged the orders dated 24th June, 1972 by which they were suspended from service and notices dated 22nd June, 1974. instituting a domestic enquiry against H them.

( 2 ) THE relevant facts are that the petitioners were working at the S. P. Mukherjee Marg Fire Station of the Delhi Fire Service. On an allegation that they had assaulted the Station Officer of the Fire Station. The petitioners were charge-sheeted and the enquiry was entrusted to the Director of Enquiries. The said Director found that the charges levelled were established and based on this finding the management dismissed the petitioners from service. The petitioners challenged the dismissal and an industrial dispute relating to the same was referred to the Labour Court for adjudication. In this award, the Labour Court held that the findings of the Enquiry Officer at domestic enquiry were based on conjectures, hearsay evidence and suspicion and were perverse. He held that the order of removal of the workmen based on such findings was not sustainable directe

















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