High Court of Judicature at Allahabad
Case Law Search
Union Of India & Others v. Mohd. Quazmi & Others - WRIT - A No. 40507 of 2002  RD-AH 5677 (11 November 2005)
Civil Misc. Writ Petition No.40507 of 2002
Union of India & Ors.
Mohammad Quazmi & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Bharati Sapru, J.
Heard Shri Lalji Sinha, learned Senior Counsel appearing for the petitioners and Shri R.K. Nigam, learned counsel for the respondents.
This petition has been filed against judgment and order dated 09.08.2002 passed by learned Central Administrative Tribunal, Allahabad Bench, Allahabad.
The Original Application of the workman-respondent no.1 has been allowed on the ground that without holding any regular enquiry, the charges stood proved against him for procuring a fake labour card. This finding of fact has been recorded by the Tribunal and Shri Sinha has not disputed the same, to the extent that no charge sheet had ever been served upon the said respondent-employee. It is settled legal proposition that enquiry commences only when the charge sheet is served upon the delinquent employee. As in the instant case, charge sheet has never been served, the question of holding any enquiry does not arise, as the mandatory procedure prescribed for holding the enquiry has not been followed. We do not find any fault with the impugned judgment and order of the learned Tribunal. Petition is accordingly dismissed.
Double Click on any word for its dictionary meaning or to get reference material on it.