Company enquiry and criminal case can take place concurrently

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The Supreme Court held that even if a criminal court acquits an employee from the charge of theft, he can still be dismissed after a domestic enquiry as these are separate proceedings.

In the recent Management of Bharat Heavy Electricals Ltd (BHEL) v M Mani case, two employees of the public-sector undertaking were accused of stealing heavy machinery from the plant in Ranipet, Tamil Nadu state. They allegedly made off with the machinery during the night shift, taking it away in an ambulance parked at the gate. As both denied the charges, BHEL appointed an enquiry officer for holding regular departmental enquiry. The enquiry officer, held the charges as proved against both the employees that both were involved in stealing a face milling cutter. BHEL accepted the report and dismissed the employees from service on 31 August 1991.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

 

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