Summary
BHEL dismissed two drivers after a domestic inquiry found theft of company machinery proved. Despite their criminal acquittal, the Court upheld the independent disciplinary findings and dismissal, rejecting reinstatement and a fresh remand because the inquiry was valid and the punishment proportionate.
Issues
- Whether acquittal in the theft prosecution invalidated the independent domestic inquiry.
- Whether the employer had to prove the charge afresh before the Labour Court despite a valid inquiry.
- Whether dismissal was proportionate and another remand necessary.
Held
- Criminal and disciplinary proceedings are distinct, with proof beyond reasonable doubt in the former and preponderance of probabilities in the latter. The employer could independently inquire into misconduct; criminal acquittal did not invalidate this properly held inquiry or require it to have been stayed. (¶¶ 19–22, 30–32)
- Once the inquiry was upheld as legal and proper in this case, the Labour Court could not set aside dismissal merely because the employer did not lead fresh evidence before it or because criminal proceedings ended in acquittal. The remaining question identified by the Court was proportionality under Section11-A. (¶ 16–18)
- A general remand for fresh merits consideration was unnecessary. The valid inquiry established serious on-duty theft, for which dismissal was appropriate and commensurate with the charge. The Court distinguished a dismissal solely founded on a criminal conviction later reversed. (¶ 23–33)
Result
Employer appeals allowed; High Court reinstatement judgment set aside and both dismissal orders upheld as legal and proper.