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UNION OF INDIA & OTHERS versus MOHD. QUAZMI & OTHERS

High Court of Judicature at Allahabad

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Union Of India & Others v. Mohd. Quazmi & Others - WRIT - A No. 40507 of 2002 [2005] RD-AH 5677 (11 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.40507 of  2002

Union of India & Ors.

Versus

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.

08.11.2005

AHA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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