In a recent directive, the Allahabad High Court deemed that the gravity of the allegations does not authorise the employer to hastily draw conclusions if they fails to present oral evidence to substantiate charges against an employee. Justice JJ Munir stressed that procedural fairness in departmental inquiries becomes more crucial when the charges are severe.
The petitioner, an office assistant-II, faced suspension and a departmental inquiry without witnesses or oral examination. Subsequently, an order was issued against him for a substantial financial penalty. The petitioner argued lack of opportunity to counter the imposed demand, leading to his dismissal.
The court asserted that the employer must meet the stringent requirement of procedural fairness, especially in cases involving serious charges. It also highlighted the necessity for the establishment to bear the initial burden of proving the charges by introducing evidence, allowing the accused a fair opportunity to respond. Furthermore, it emphasised that documents attached to the chargesheet cannot be considered as evidence per se, and their validity must be tested through oral evidence and witness examinations.
The judgment emphasised that the only exception to the rule of the employer proving the charges is if the accused admits to them. In the absence of such admission, the employer is obligated to present oral evidence and witnesses.
The court noted a lack of proper inspection before concluding that the petitioner intentionally tampered with meter readings. It criticised the complexity of the charges, urging concise and intelligible framing for disciplinary proceedings.
Hence, the Court directed the petitioner’s reinstatement with current salary, granting the establishment the liberty to initiate proceedings afresh in adherence to legal norms.
