Inquiry Officer’s Report Was Not On Record Before CGIT: Gujarat HC Quashes Order Upholding Departmental Proceedings
The Gujarat High Court has set aside the order of a Single bench which upheld the departmental proceedings in the absence of the inquiry officer’s report in case of alleged misconduct by a workman.
The Court remanded the matter to the Central Government Industrial Tribunal cum Labour Court (Tribunal) which framed issues regarding the departmental proceedings and the inquiry officer’s report, even though they were not placed on record. The Court held that the Single Bench should have remanded the matter to the Tribunal for “appreciating the findings of the inquiry officer in his report.”
A Division Bench of Justice A.S. Supehia and Justice Gita Gopi held, “On the substratum of the aforesaid analysis and in light of the undisputed fact that the inquiry officer’s report was not on record before the Tribunal, and also having noticed such fact, the learned Single Judge ought to have remanded the matter to the Tribunal.”
Advocate Megha Jani appeared for the appellant, while Advocate Anal S Shah represented the respondents.
The Single Bench had rejected the Civil Application filed by the workman holding, “Assuming that the scope for interference in the findings rendered in the departmental inquiry as also the punishment was made, this Court fails to understand as to how in absence of the findings of the Inquiry Officer, the judicial forum could have found fault with such factual findings without looking at the inquiry report.”
The High Court noted that both the parties accepted that the report of the inquiry officer was not on record before the Tribunal.
The Court held, “In our opinion, in absence of the findings of the inquiry officer’s report, the Tribunal could not have recorded a specific finding with regard to the findings of the inquiry officer in its report, which was not on record and the learned Single Judge has also committed the same error. The learned Single Judge should have remanded the matter to the Tribunal for appreciating the findings of the inquiry officer in his report.”
The Bench further noted that the Tribunal had recorded that the departmental proceedings held against the concerned workman were “fair, valid and proper” and clarified that “such a finding is misplaced in wake of the fact that no inquiry officer report was on record.”
Consequently, the Court ordered the matter to be remanded to the Tribunal. “This Court has not examined the merits of the case and the matter is solely remanded on the ground of absence of inquiry officer’s report,” it clarified.
Accordingly, the High Court disposed of the appeal.
Cause Title: Rajkumar Sitaldas Keswani v. General Manager & Ors. (Neutral Citation: 2024:GUJHC:52433-DB)
Appearance:
Appellant: Advocates Megha Jani and Arjun Joshi
Respondents: Advocate Anal S Shah
