Allahabad High Court dismisses Petition where no Departmental Inquiry preceded the Termination Order

Must Read

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India &...

Follow us

On 29.12.1999, the Vice-President and the Head of the Establishment were murdered inside the factory premises. To identify those involved in the murder, the establishment constituted a committee. Sri Ajay Sharma, who conducted the Inquiry, submitted his report on 21.1.2000. The report identified Respondent Pramod Kumar along with Ajay Kumar, as the culprits.

Petitioner passed the Order for termination of services on 27.1.2000. Following the same, the Respondent raised an industrial dispute, on 20.12.2002, at Meerut. After the murder, the police had also, submitted a charge-sheet on 29.2.2000 and initiated a Sessions Trial. Later the Court released the Respondent on bail on 16.5.2000. After the completion of the trial, the Respondent was acquittal by the Court, on 28.5.2002.

Contentions of the Petitioner 

The Petitioner argues that: 

The Petitioner cannot retain the Respondent as they lack confidence in him now and also had held him involved in the murder. That despite the acquittal by the Court, it did not warrant re-employment by the Petitioner.

Further, the fact that the Respondent absconded, further proved his mens rea or guilty mind, which is also an important factor to keep in mind. The Petitioner went on to argue that the Respondent has been out of service for the past 21 years. It is hard to re-employ the Respondent in the Petitioners establishment because he has been out of service for long.

The Petitioner also says that departmental inquiry and a criminal trial are two different spheres altogether. The inquiry was based on the doctrine of “preponderance of probabilities”.  But, a criminal trial is based on different considerations altogether.  Thus, the acquittal of the Respondent was not honourable but was one based on a benefit of the doubt. In a Criminal Trial, there is a benefit of the doubt, and a single doubt results in the acquitting of the Offender, just as in this case.  

 Contentions of the Respondent

The Respondent argues that:

That the Petitioner did not conduct a full-fledged inquiry. The Petitioner should have conducted it as the Respondent is a permanent employee. Further, they didn’t conduct a departmental inquiry before withdrawing the Services of the Respondent. Moreover, the Petitioner’s “Lack of confidence” is not a valid ground as there were no such activities done.

Held 

The High Court held that no interference was necessary in this writ petition. That the termination of the Respondent’s employment was due to his involvement in the trial and criminal case. Besides, an Involvement in a criminal trial constituted a serious offence under the Standing Orders. The Petitioners’ order of termination had stated that on account of the nature of the offence, it was not possible to conduct any domestic inquiry against the Respondent. Therefore they didn’t conduct the inquiry.

A perusal of the order passed by the Trial Court proved that the acquittal was based on a correct assessment of the evidence. The Court noted that the Petitioner’s contention of the acquittal order being dishonourable was fallacious. Also, the acquittal had not resulted on account of the fact that there was no evidence, or due to foul play. Additionally, the Court reiterated that the acquittal was a result of insufficient evidence.

The Petitioner gave the termination order due to the criminal trial. To that end, there is no occasion for the petitioner to pray for a domestic inquiry. Thus, the order of termination could not be sustained. Hence, the submission of the learned counsel for the petitioner relating to foul play was dismissed.

The Court accordingly dismissed the Petition.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -