RAJASTHAN HIGH COURT AT JAIPUR BENCH
Arun Madan, J.
K.C. Sharma - Appellant
Versus
Union of India & anr. - Respondent
S.B. Civil Writ Petition No. 1950 of 1985.
Decided On : 17-11-1994
WRIT PETITION - Rajasthan Co-operative Societies Act, 1965 - Sugar Undertakings (Taking over of Management) Act, 1978 - Rajasthan Relief Undertaking (Special Provisions) Act, 1984 - Termination of service - Principles of natural justice - Inquiry report - Cross-examination of witnesses - Opportunity to lead evidence in defence - Non-application of mind - Reinstatement with back wages and consequential benefits.
Fact of the Case:
The petitioner, a Personnel Officer with the respondent sugar mill, was served with a purported chargesheet alleging misappropriation of funds. An inquiry was conducted, and the petitioner was terminated from service. The petitioner challenged the termination order, contending that the inquiry was not conducted in accordance with the principles of natural justice, that he was not given an opportunity to cross-examine the witnesses or lead evidence in defence, and that the termination order was passed without application of mind.
Finding of the Court:
The court held that the inquiry was not conducted in accordance with the principles of natural justice, that the petitioner was not given an opportunity to cross-examine the witnesses or lead evidence in defence, and that the termination order was passed without application of mind. The court quashed the termination order and directed the reinstatement of the petitioner with back wages and consequential benefits.
Issues: 1. Whether the inquiry was conducted in accordance with the principles of natural justice? 2. Whether the petitioner was given an opportunity to cross-examine the witnesses or lead evidence in defence? 3. Whether the termination order was passed without application of mind?
Ratio Decidendi: 1. The court held that the inquiry was not conducted in accordance with the principles of natural justice, as the petitioner was not given a copy of the inquiry report or the documents relied upon by the inquiry officer, and was not given an opportunity to cross-examine the witnesses or lead evidence in defence. 2. The court held that the petitioner was not given an opportunity to cross-examine the witnesses or lead evidence in defence, as the inquiry officer did not allow the petitioner to do so. 3. The court held that the termination order was passed without application of mind, as the disciplinary authority did not assign any reasons for the termination.
Final Decision: The court quashed the termination order and directed the reinstatement of the petitioner with back wages and consequential benefits.
"1. During July, 1982 to May, 1983 petitioner's Personal Advance account has been debited by way of recoveries from salary as well as the cash paid by him : (a) July, 1982 Rs. 300.00 (b) August (Cash paid) Rs. 4,689.00 (c) September, 1982 Rs. 991.00 (d) October, 1982 Rs. 927.54 (e) April & May, 1983 Rs. 3,568.74 Total Rs. 10,476.28
Though the amount was deposted by him under protest, it is very strange how that much of amount has been deposited within a period of 10 months. This clearly indicates that he has not spent the money taken as advance for repairs and renewals of the Jeeps but it was in his personal custody and misappropriated the same for personal use.
2. An amount Rs. 3833.75 was outstanding in his account as on 1.7.1979 and he has received the amount of Rs. 17,000.00 for repairs of the jeeps. After the submission of the vouchers Rs. 4975.70 was adjusted and the debit balance was rupees 15858.05 as on 30th June, 1980.
3. During the year 1982-83 he made cash payment as indicated above and adjusted vouchers for Rs. 4351.46 to bring-out the debit balance to Rs. 8929.45. He had claimed a credit balance of Rs. 500/- as on 29.10.83 after adjustment of all the vouchers. This creates a doubt as how and why su
D.D.A. v.H.C. Khurana 1993 (3) SCC 196
Hiraprasad v.State Bank of India & others 1993 (2) SCC 418
Khem Chand v.Union of India & Ors. AIR 1958 SC 300
Ramanand v.Divisional Mechanical Engineer, Northern Railway
S.N. Mukharjee v.Union of India 1990 (4) SCC 594
State of M.P. v.Chintaman Sadashiva Waishampayan AIR 1961 SC 1623
State of U.P. and another v.C.S. Sharma AIR 1968 SC 158
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