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TMI Blog2010 (5) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... while Civil Appeal No.3088 of 2007 has been preferred by the employee Shri Suresh Chand Sharma claiming full back wages. 2. Facts and circumstances giving rise to these appeals are that the said employee while working as a Conductor on bus No.UTL- 9194 on the route Haridwar-Rishikesh was found, on checking on 24.5.1987, carrying 13 passengers without ticket from whom he has already recovered the fare and on 10.5.1988 on bus No.UGA-9059 on which he was working as a Conductor, 10 passengers were found without ticket. However, the employee had already recovered the fare from them. The Corporation served charge sheets upon the employee on 16.5.1988 and 7.7.1988 in respect of the mis-conducts dated 10.5.1988 and 24.5.1987. Employee submitted his reply to the charge sheets. However, the management not being satisfied with his reply decided to proceed with the regular enquiry and one Shri H.L. Saxena, a retired I.F.S. Officer was appointed as Enquiry Officer. The enquiry was conducted on both the charges giving full opportunity of hearing/defence to the employee. Enquiry Officer submitted the enquiry report wherein charges in respect of both the misconducts had been found proved. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Labour Court. No fault could be found with the Award of the Labour Court and it was not necessary for the checking authority to record the evidence of the passengers who were found travelling without tickets nor it was necessary to check the cash at the hand of the employee. The High Court mis-directed itself while setting aside the wellreasoned Award of the Labour Court without giving any reason whatsoever. Thus, the appeal of the Corporation deserves to be allowed and Award of the Labour Court deserved to be restored. 7. Per contra, Dr. J.N. Dubey, learned counsel appearing for the employee has submitted that the High Court was justified in accepting the submissions on behalf of the employee that material witnesses were not examined. Thus, no disciplinary proceeding could be initiated against the employee. There was no justification for imposing the punishment of dismissal by the authority and once the Award of the Labour Court is set aside, the employee was entitled to full back wages. Thus, the Corporation s appeal is liable to the dismissed and appeal filed by the employee deserves to be allowed. 8. We have considered the rival submissions made by learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oath that the cash was not checked. The learned counsel for the petitioner further submitted that when the bus was checked, ten passengers were boarded on the bus and they were drunk and they were also denying taking the tickets. The learned Tribunal has not considered this fact at all. I find force in the contention of the learned counsel for the petitioner. The learned Tribunal ought to have considered this fact that neither the passengers were examined, nor the cash was checked. Therefore, the order of the learned Tribunal cannot be sustained in the eye of law. (Emphasis added) 12. The High Court has decided the Writ Petition only on the ground that the passengers found without tickets, had not been examined and the cash with the employee was not checked. No other reasoning has been given whatsoever by the Court. 13. In State of Haryana Anr. Vs. Rattan Singh AIR 1977 SC 1512, this Court has categorically held that in a domestic enquiry, complicated principles and procedure laid down in the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 do not apply. The only right of a delinquent employee is that he must be informed as to what are the charges again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of reversal. Reason is the heartbeat of every conclusion. Without the same, it becomes lifeless . 18. In fact, reasons are the links between the material, the foundation for these erection and the actual conclusions. They would also administer how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts considered and the conclusion reached . (vide: Krishna Swami Vs. Union of India Ors. AIR 1993 SC 1407) 19. Therefore, the law on the issue can be summarized to the effect that, while deciding the case, court is under an obligation to record reasons, however, brief, the same may be as it is a requirement of principles of natural justice. Non-observance of the said principle would vitiate the judicial order. Thus, in view of the above, the judgment and order of the High Court impugned herein is liable to be set aside. 20. We do not find any force in the submissions made by Dr. J.N. Dubey, learned Senior counsel for the employee that for embezzlement of such a petty amount, punishment of dismissal could not be justified for the reason that it is not the amount embezzled by a delinquent employee but the mens rea to misap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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