State of Maharashtra Vs. Vijay Kumar Aggarwal & Anr.
Service Law – Inquiry after dismissal from service
Civil Appeal No.1020-1021 of 2014 (@Special Leave Petition (Civil) 2920-2921/2014) (Arising out of CC No. 17498-17499/2013)-Decided on 29-1-2014.
Accepting the contention of Respondent No. 1 that he has since been dismissed pursuant to inquiry in the another charge-sheet, the High Court has passed the impugned order dated 28.03.2012, restraining the appellant from proceeding ahead with the charge-sheet dated 6.07.1988. …. It is clear from the above that only on the ground that Respondent No. 1 has already been dismissed from service in another separate inquiry, the High Court has held that in so far as charge-sheet dated 6.07.1988 is concerned, inquiry cannot continue. We are of the opinion that the High Court is only partially correct in his approach. No doubt, so long as Respondent No. 1 is facing penalty of dismissal, no question arises to continue the inquiry into the charges levelled vide charge- sheet dated 6.07.1988. It is because of the reason that with the dismissal of Respondent No. 1 from service, as of now Respondent No. 1 has ceased to be the employee of the Appellant. Moreover, the employee who has already been dismissed from service cannot be imposed any other penalty on the conclusion of inquiry pertaining to the charge- sheet dated 6.07.1988. Therefore, at this stage no purpose is going to be served to continue with the inquiry into the said charge-sheet. At the same time, it is also to be borne in mind that Respondent No. 1 has challenged dismissal order and the matter is pending before the Tribunal. In case the said dismissal is set aside by the Tribunal and/ or the High Court/ this Court and Respondent No. 1 is reinstated in service as a result thereof, the relationship of employer-employee between the parties shall also stand restored. In that eventuality, it would be permissible for the appellant to proceed with the inquiry relating to charge-sheet dated 6.07.1988 as well…read more
