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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Rajmuni Bhuinya S/o Late Bhaglu Bhuinya – Appellant
Versus
Employers in relation to the Management of Sijua Area of M/s Bharat Coking Coal Ltd. – Respondent
JUDGMENT :
SANJAY PRASAD, J.
1. This writ petition has been filed on behalf of the petitioner for issuance of appropriate writ in the nature of certiorari for quashing the Award passed on 19.02.2003 by the Central Government Industrial Tribunal No.2 at Dhanbad in Reference No.128 of 1995 by which the Reference has been answered in favour of the respondent and further for issuance of other appropriate writ/writs, order/orders, direction/directions.
2. The Schedule of the Reference before the learned Court below was as follows:-
“Whether the action of the management of Kankanee Colliery under Sijua Area No.V of M/s. BCCL in dismissing Sri Rajmuni Bhuia from service w.e.f. 22.05.92 is justified ? If not, to what relief Shri Bhuia is entitled ?”
3. Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Anoop Kumar Mehta, learned counsel for the respondents-BCCL.
4. Learned counsel for the petitioner submitted that the impugned Award dated 19.02.2003 passed by the learned Central Government Industrial Tribunal No.2 at Dhanbad (in short „C.G.I.T-2, Dhanbad‟) in Reference No.128 of 1995 is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the learned T
Acquittal in a criminal case impacts subsequent disciplinary proceedings; domestic inquiries must adhere to principles of natural justice to be valid.
The requirement of natural justice necessitates supplying an inquiry report to the delinquent, and failure to do so invalidates disciplinary action, justifying reinstatement of the employee.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The court upheld the dismissal of the employee for attempted theft, confirming the fairness of the domestic inquiry and the appropriateness of the punishment despite claims of procedural irregulariti....
The acquittal in a criminal case does not override findings from a domestic enquiry due to differing standards of proof.
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
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