Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Termination from service - Embezzlement of money |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Termination from service - Embezzlement of money - Respondent-employee working as a trainee conductor on daily basis found carrying passengers without tickets - Chargesheeted - Enquiry officer found charges proved against him - Disciplinary Authority passed order of punishment of removal from service - Suit challenging removal decreed accepting the allegation of employee that in the inquiry the statement of the witnesses were not recorded in front of him; that he was not given an opportunity to cross-examine the witnesses produced by Corporation; that he was not supplied with the copies of the documents and was not heard on the quantum of the punishment - Corporation's appeal dismissed by first appellate court and High Court - Held: The findings recorded by trial court was based only on the allegations made by the employee in the plaint and on account of non-rebuttal of same on part of Corporation, though the trial court had proceeded with the case clearly observing that the burden of proving the issue was on the employee and not on the Corporation - There was no specific pleading as to what document relied upon by the enquiry officer was not supplied to employee or which witness was not permitted to be cross-examined by him - Also trial court did not make any reference to enquiry report or contents thereof - High Court in Second Appeal refused to examine the issue by merely observing that no substantial question of law was involved and the findings of fact, even though erroneous, cannot be disturbed in Second Appeal - The conclusion reached by High Court was erroneous as Second Appeal, in exceptional circumstances, can be entertained on pure questions of fact - Regarding the question of punishment; in cases involving corruption, there cannot be any other punishment than dismissal - Any sympathy shown in such cases is totally uncalled for and opposed to public interest - The amount misappropriated may be small or large; it is the act of misappropriation that is relevant - No interference called for with the order of dismissal. Pleadings: Held: A party has to plead the case and produce/adduce sufficient evidence to substantiate his submissions made in the plaint and in case the pleadings are not complete, the Court is under no obligation to entertain the pleas. Code of Civil Procedure, 1908: s. 100 - Held: There is no prohibition for the High Court to entertain the Second Appeal even on question of fact where factual findings are found to be perverse. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 192 |
Petitioner | Rajasthan State Tpt Corpn. & Anr. |
Respondent | Bajrang Lal |
SCR | [2014] 3 S.C.R. 782 |
Judgement Date | 2014-03-14 |
Case Number | 4104 |
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