Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2022 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 128 - HC - VAT and Sales TaxWhether the "Regular Departmental Enquiry", which admittedly was instituted against the claimant-respondent under Rule 7 of the Rules of 1999 was conducted as per the law enunciated? - misbehavior with the superior officer - punishment of "Stoppage of One Increment for One Year and Censure" - HELD THAT:- We took note of the enquiry report dated 19.06.2018 (at page 106 of paper book) and we find from the same that to prove the charges and documents in support thereof the statements of witnesses indicated in charge-sheet were not recorded by the Enquiry Officer after fixing date, time and place for the said purpose. In other words, the witnesses mentioned in the charge-sheet were not examined during the enquiry. Accordingly, no opportunity was given to the claimant-respondent to cross-examine the witnesses. Further, in the writ petition, it has not been pleaded that for recording oral evidence, the date, time and place was fixed under intimation to the charged official - the "Regular Enquiry" under Rule 7 of the Rules of 1999 was not conducted as per the settled view on this aspect and being so, the "Regular Enquiry" in our view is vitiated. Whether the impugned orders dated 17.09.2018 and 11.01.2019 before the Tribunal were speaking or not? - HELD THAT:- It is in view of the fact that the impugned order(s), are based on enquiry report and we have already observed that enquiry report is vitiated and keeping in view the same as well as the maxim "Sublato Fundamento Cadit Opus" (a foundation being removed, the superstructure falls), we are of the view that the impugned orders, referred above, cannot be upheld. Whether in not remanding the matter before the Disciplinary Authority to hold the enquiry afresh from the stage it was found vitiated, the Tribunal has committed an error? - HELD THAT:- If an Authority/Court sets aside the order of punishment on technical ground then the matter may be remanded to the Disciplinary Authority and employee should not be reinstated, however, whether or not the Disciplinary Authority should be given an opportunity to complete the enquiry afresh depends upon the gravity of delinquency involved. Thus, for coming to the conclusion the Authority/Court concerned must take into consideration all the relevant aspects and facts of the case including the charges and magnitude of misconduct alleged and examine the same. The Regular Departmental Enquiry under Rule 7 of the Rules of 1999 against the claimant-respondent was initiated vide order dated 05.12.2017 regarding an incident alleged to have taken place on 10.10.2017. The writ petition is dismissed.
|