Even if delinquent employee did not participate in inquiry proceeding, the Inquiry Officer is bound to conduct inquiry, he cannot rely solely on the Charge-Sheet and concludes that charges are proved.
The employee of the Handloom Corporation, Kanpur was dismissed by an ex-parte order which was set aside by the Hon’ble Allahabad High Court granting liberty to the department to conduct a fresh inquiry in accordance with law and the department again conducted inquiry without serving any chargesheet and he was dismissed again on the ground that he did not participate in the inquiry and as such the charge levelled against the delinquent employee was proved.
Hon’ble Allahabad High Court held that even if the delinquent employee did not participate in the inquiry, the department was under the obligation to conduct inquiry ex-parte in accordance with the procedure prescribed in the statute.
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