Case: Uttarakhand Transport Corporation (Earlier known as U.P.S.R.T.C.) &amp; Others Vs. Sukhveer Singh

2. The Respondent was appointed as a driver with the AppellantsRoad Transport Corporation in the year 1989. On 27th October, 1995 while driving a vehicle onroute, the Respondent did not stop the vehicle when the inspection team signalled. The inspection team had to follow the vehicle which was stopped six kilometres away from where it was signalled to stop. On verification, it was found that 61 passengers were travelling without a ticket. The Respondent was placed under suspension on 31st October, 1995 and disciplinary proceedings were initiated by issuance of a charge sheet on 3rd November, 1995. The Respondent submitted his explanation after which an inquiry was conducted by the Assistant Regional Manager, Haridwar. After considering the material on record, the inquiry officer found that the charges against the Respondent were proved. The inquiry officer relied upon the admission of the Respondent that though there was a signal by the inspecting team to stop the vehicle at Bidouli, he stopped the vehicle only after driving for two kilometres. The explanation given by the Respondent that he drove the vehicle due to a call given by the conductor was not accepted by the inquiry officer. It was held that the Respondent was duty bound to stop the vehicle when a signal was given by the inspecting team. The inquiry officer further held that the Respondent colluded with the conductor and did not stop the vehicle as there were a number of ticketless passengers in the bus. The disciplinary authority issued a show cause notice on 26th December, 1996 along with which the inquiry report was supplied to the Respondent. Not satisfied with the explanation submitted by the Respondent to the show cause notice, the disciplinary authority dismissed him from service by an order dated 23rd April, 1997. The appellate authority dismissed the appeal filed by the Respondent on 25th July, 2000.3. A reference was made to the labour court which was answered in favour of the Respondent on 15th November, 2007. The writ petition filed by the Respondent challenging the award of the labour court was allowed by the High Court and the labour court was directed to reconsider the matter. After remand, the labour court by an award dated 12th September, 2011 upheld the order of dismissal of the Respondent from service. The Respondent challenged the award of the labour court by filing a writ petition in the High Court of Uttarakhand at Nainital. The High Court while relying upon a judgment of this Court in Managing Director ECIL Hyderabad & Ors. v. B. Karunakar & Ors., 1994(1) S.C.T. 319 : (1993) 4 SCC 727 allowed the writ petition and set aside the dismissal order. The High Court directed that the Respondent should be deemed to be in service with all consequential benefits. Assailing the legality of the said judgment of the High Court, the Appellants have approached this Court.

Reasoning:
5. The award of the labour court was set aside by the High Court on the sole ground thatof the inquiry report prior to the show cause notice vitiated the disciplinary proceedings. The High Court, in our opinion, committed an error in its interpretation of the judgment in Managing Director ECIL Hyderabad & Ors. v. B. Karunakar & Ors. (supra). It is no doubt true that this Court in the said judgment held that a delinquent employee has a right to receive the report of the inquiry officer before the disciplinary authority takes a decision regarding his guilt or innocence. Denial of a reasonable opportunity to the employee by not furnishing the inquiry report before such decision on the charges was found to be in violation of principles of natural justice. In the instant case, the disciplinary authority communicated the report of the inquiry officer to the Respondent along with the show cause notice. There is no dispute that the Respondent submitted his reply to the show cause notice after receiving the report of the inquiry officer. On considering the explanation submitted by the Respondent, the disciplinary authority passed an order of dismissal. Though, it was necessary for the Appellants to have supplied the report of the inquiry officer before issuance of the show cause notice proposing penalty, we find no reason to hold that the Respondent was prejudiced by supply of the inquiry officers report along with the show cause notice.It is clear from the above that mereof the inquiry report does not automatically warrantreinstatement of thedelinquent employee. It is incumbent upon on the delinquent employee to plead and prove that he suffered a serious prejudice due to theof the inquiry report. We have examined the writ petition filed by the Respondent and we find no pleading regarding any prejudice caused to the Respondent by theof the inquiry report prior to the issuance of the show cause notice. The Respondent had ample opportunity to submit his version after perusing the report of the inquiry officer. The Respondent utilised the opportunity of placing his response to the inquiry report before the disciplinary authority. The High Court committed an error in allowing the writ petition filed by the Respondent without examining whether any prejudice was caused to the delinquent employee by the supply of the inquiry officers report along with the show cause notice. We are satisfied that there was no prejudice caused to the respondent by the supply of the report of the inquiry officer along with the show cause notice. Hence, no useful purpose will be served by a remand to the court below to examine the point ofare in agreement with the findings of the inquiry officer which were accepted by the disciplinary authority and approved by the appellate authority and the labour court that the Respondent had committed the misconduct in collusion with the conductor. It is no more res integra that acts of corruption/misappropriation cannot be condoned, even in cases where the amount involved is meagre.