9911796707
|
Home
Issues:
1. Validity of termination in a disciplinary inquiry. 2. Examination of passengers in a domestic inquiry. 3. Compliance with departmental instructions regarding recording of passenger statements. 4. Evaluation of evidence by administrative tribunal. 5. Nature of termination and appropriate consequences. Analysis: 1. The case involved a State transport undertaking and a conductor who was terminated for not issuing tickets to passengers. The termination was challenged in court, with the lower courts ruling in favor of the conductor. The Supreme Court noted that while the law was clear, the facts of each case could vary. 2. The lower courts found the termination invalid as none of the passengers were examined during the domestic inquiry. The State argued that the passengers declined to provide written statements to the inspector. The Supreme Court emphasized that in a domestic inquiry, strict rules of evidence did not apply, and hearsay evidence could be considered if it had credibility and relevance. 3. The courts also focused on the non-compliance with departmental instructions regarding recording passenger statements. The Supreme Court clarified that such instructions were prudential and not binding rules. The failure to record passenger statements did not automatically invalidate the termination order. 4. The evaluation of evidence by the administrative tribunal was questioned by the lower courts. The Supreme Court emphasized the importance of objectivity, exclusion of extraneous considerations, and adherence to natural justice principles. The tribunal's findings should not be arbitrary or biased. 5. The nature of the termination was examined, with the State arguing that it was not a punitive punishment but a simple termination of services. The Supreme Court agreed that the termination was not a dismissal or removal and upheld the State's decision. The Court directed the State to pay the terminated employee all dues under industrial law without penal consequences. In conclusion, the Supreme Court allowed the appeal, set aside the lower court's decree, and directed the State to pay the terminated employee his due compensation without punitive consequences. The judgment emphasized the importance of fair evaluation of evidence in domestic inquiries and adherence to principles of natural justice.
|
