RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.C.Agrawal, P.C.Jain, JJ.
Indian Tourism Development Corporation Ltd. - Appellant
Versus
The Authority Appointed under the Raj. Shops & Commercial Establishments, Act, 1958 & anr. - Respondent
D. B. Civil writ Petition No. 808 of 1987.
Decided On : 21-08-1987
SHOPS AND COMMERCIAL ESTABLISHMENTS ACT - SECTION 28A - DISMISSAL OF EMPLOYEE - INQUIRY - DEFECTIVE INQUIRY - NO POWER TO CONDUCT DE NOVO INQUIRY - ADDITIONAL EVIDENCE - NOT PERMISSIBLE.
Fact of the Case:
The petitioner, Indian Tourism Development Corporation Ltd., Jaipur, challenged the order of the Authority appointed under the Rajasthan Shops & Commercial Establishments Act, 1958, directing the petitioner to reinstate an employee, N. D. Gupta, who had been dismissed vide its order dated 19th June, 1985. The Authority had set aside the order of termination passed against respondent No. 2 and directed the petitioner to reinstate respondent No. 2 with all back wages, holding that the inquiry conducted by the Enquiry Officer was not fair as respondent No, 2 was not given a fair opportunity to defend his case.
Finding of the Court:
The Court held that the finding of the Authority that respondent No. 2 had been denied the right of defence and, therefore, the inquiry was unfair and in breach of the principles of natural justice, was based on proper appreciation of facts on record. The Court further held that there is no power vested in the Authority appointed under the Act to permit the employee (sic employer) to adduce additional evidence in support of the allegations of misconduct. The submission of Shri Sharma is that there is no power to direct the employer to conduct a de novo inquiry.
Issues: 1. Whether the Authority was correct in holding that the inquiry conducted by the Enquiry Officer was not fair and in breach of the principles of natural justice? 2. Whether the Authority had the power to permit the employee (sic employer) to adduce additional evidence in support of the allegations of misconduct?
Ratio Decidendi: 1. The Court held that the finding of the Authority that respondent No. 2 had been denied the right of defence and, therefore, the inquiry was unfair and in breach of the principles of natural justice, was based on proper appreciation of facts on record. 2. The Court held that there is no power vested in the Authority appointed under the Act to permit the employee (sic employer) to adduce additional evidence in support of the allegations of misconduct.
Final Decision: The Court dismissed the writ petition and held that the Authority had committed no error of law in not allowing the petitioner to lead evidence before it for proving misconduct, alleged against the employee.
(a) That the finding of the learned Authority that respondent No. 2 had been denied the right of defence and, therefore, the inquiry was unfair and in breach of the principles of natural justice, is not based on any evidence on record and is a perverse finding.
(b) That the learned Authority, respondent No. 1, has failed to exercise its jurisdiction vested in it under Section 28A of the Act, which permits the Authority to allow the employee (sic employer) to adduce additional evidence to prove the charge of misconduct levelled against the employee. Since respondent No. I did not allow the petitioner to adduce additional evidence to prove the charge of misconduct against respondent No. 2, respondent No. I has acted without jurisdiction and the order dated 30th September, 1986, liable to b;, set aside.
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