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1 - 10 of 13 (0.23 seconds)The Indian Evidence Act, 1872
Rustom & Hornsby (1) Ltd vs T. B. Kadam on 24 July, 1975
Similar view has been reiterated by this Court in
Ruston & Hornsby (I) Ltd. Vs. T.B. Kadam, AIR 1975 SC
2025; U.P. State Road Transport Corporation Vs.
Basudeo Chaudhary & Anr., (1997) 11 SCC 370;
Janatha Bazar (South Kanara Central Cooperative
Wholesale Stores Ltd.) & Ors. Vs. Secretary, Sahakari
Noukarara Sangha & Ors., (2000) 7 SCC 517;
Janatha Bazar (South Kanara Central ... vs The Secretary, Sahakari Noukarara ... on 21 September, 2000
Similar view has been reiterated by this Court in
Ruston & Hornsby (I) Ltd. Vs. T.B. Kadam, AIR 1975 SC
2025; U.P. State Road Transport Corporation Vs.
Basudeo Chaudhary & Anr., (1997) 11 SCC 370;
Janatha Bazar (South Kanara Central Cooperative
Wholesale Stores Ltd.) & Ors. Vs. Secretary, Sahakari
Noukarara Sangha & Ors., (2000) 7 SCC 517;
Karnataka State Road Transport ... vs B.S. Hullikatti on 22 January, 2001
Karnataka State Road Transport Corporation Vs. B.S.
Hullikatti, AIR 2001 SC 930; and Rajasthan S.R.T.C. Vs.
Ghanshyam Sharma, (2002) 10 SCC 330.
R.S.R.T.C. vs Ghanshyam Singh And Anr. on 3 July, 2000
Karnataka State Road Transport Corporation Vs. B.S.
Hullikatti, AIR 2001 SC 930; and Rajasthan S.R.T.C. Vs.
Ghanshyam Sharma, (2002) 10 SCC 330.
U.P. State Road Transport Corp vs Suresh Chand Sharma on 26 May, 2010
In the light of the observations made in U.P. State Road
Transport Corporation (supra), the respondent was not
under an obligation to adduce the evidence as per the
procedure under the Code of Civil Procedure or Evidence Act
and the evidence of the reporter who was admittedly
examined was sufficient enough to bring home the guilt of the
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C/SCA/17295/2014 ORDER
petitioner. If the driver was not examined and if the petitioner
intended to rely upon his evidence, nothing prevented the
petitioner to examine him as his own witness. No such
attempts seem to have made and thus no infirmity is noticed
in the departmental inquiry on this count. Testimony of the
passenger was also not necessary as indicated in the said
case. Smallness of the amount is also not material. What is
material is the conduct of the employee and if in the public
employment the conduct is not above board and is as serious
as involving moral turpitude the same cannot be tolerated. The
Labour Court has rightly observed that apart from the current
incident, the petitioner was involved in 14 other illegalities, out
of which few were of the similar nature. The Labour Court has
observed that despite getting an opportunity to mend his
ways, the petitioner refused to do so by repeatedly indulging
into similar misconduct.
U.P. State Road Transport Corporation vs Vinod Kumar on 6 December, 2007
In N.E.K.R.T.C. Vs. H. Amaresh, AIR 2006 SC
2730; and U.P.S.R.T.C. Vs. Vinod Kumar, (2008) 1 SCC
115, this Court held that the punishment should always
be proportionate to the gravity of the misconduct.
State Of Haryana And Anr. vs Rattan Singh on 22 March, 1977
In State of Haryana & Anr. Vs. Rattan Singh
AIR 1977 SC 1512, this Court has categorically held
that in a domestic enquiry, complicated principles and
procedure laid down in the Code of Civil Procedure,
1908 and the Indian Evidence Act, 1872 do not apply.
The only right of a delinquent employee is that he
must be informed as to what are the charges against
him and he must be given full opportunity to defend
himself on the said charges. However, the Court
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C/SCA/17295/2014 ORDER
rejected the contention that enquiry report stood
vitiated for not recording the statement of the
passengers who were found travelling without ticket.
The Court held as under: (SCCpp. 493-94,para 5)
"We cannot hold that merely because statements of
passengers were not recorded the order that
followed was invalid. Likewise, the re-evaluation of
the evidence on the strength of co-conductor's
testimony is a matter not for the court but for the
administrative tribunal. In conclusion, we do not
think courts below were right in over-turning the
finding of the domestic tribunal."