- Departmental Enquiry — Mandatory requirement of oral enquiry where charges are denied
(Para 14, 17, 18)
Where charges in a disciplinary proceeding are denied, it is mandatory for the employer to conduct a proper enquiry by leading evidence. Failure to examine witnesses and to hold oral enquiry renders the entire disciplinary proceeding vitiated.
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Burden of proof in disciplinary proceedings
(Para 14, 17)
In a departmental enquiry, unless the delinquent employee admits the charges in clear terms, the burden lies on the employer/department to prove the charges by adducing evidence. An evasive or general denial cannot be treated as admission of guilt.
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Right to cross-examination and defence — Principles of natural justice
(Para 15, 17)
The delinquent employee must be afforded an opportunity to cross-examine witnesses and to produce evidence in defence. Even where reliance is placed on documents, such documents must be proved through witnesses unless expressly admitted.
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No enquiry worth the name — Effect
(Para 16, 18)
An enquiry conducted without examining witnesses and without affording opportunity of cross-examination is no enquiry in the eye of law and violates principles of natural justice as well as statutory service rules.
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Consequential punishment — Unsustainable
(Para 18)
Where the enquiry is vitiated, the order of punishment (dismissal and recovery) cannot be sustained and is liable to be set aside.
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Relief — De novo enquiry permissible
(Para 18)
Upon setting aside the punishment on account of defective enquiry, the employer is at liberty to conduct a de novo enquiry in accordance with law within a stipulated time. Failure to do so entitles the employee to reinstatement with consequential benefits.
Core Ratio (One-Line Proposition)
In disciplinary proceedings, where charges are denied, failure to conduct an oral enquiry by examining witnesses and affording opportunity of cross-examination vitiates the enquiry and renders the punishment unsustainable in law.
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