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The appellants- employers were given liberty to initiate the proceedings de-novo, giving adequate opportunity to the delinquent to defend himself. Being aggrieved, the appellants challenged the said judgment and order dated 22.2.2001 by filing MA No. The said appeal was dismissed vide judgment and order dated 8.8.2001 observing that CMD, CIL was the only competent authority to award a major punishment like dismissal. A copy of the inquiry report along with a second show-cause notice was sent to the delinquent by registered post on 26.9.2003, giving him an opportunity to make a representation on the same. The Court would, therefore, be slow to draw dubious inferences from incomplete facts placed before it by a party, particularly when the imputations are grave and they are made against the holder of an office which has a high responsibility in the administration. In almost all legal inquiries, 'intention as distinguished from motive is the all-important 39. In view of the fact that inquiry officers have consistently found the delinquent guilty of committing a serious misconduct, such an observation was totally unwarranted, particularly in view of the fact that there is nothing on record to substantiate such an averment made by the delinquent. Even in criminal law a complaint cannot be "thrown over board on some unsubstantiated plea of malafides". Further, the finding that CMD, ECL was not competent to initiate the proceeding is also not sustainable in the eyes of law and thus, hereby set aside.
All other issues raised by the delinquent were left open. On conclusion of the proceedings ex-parte, as the delinquent did not participate in the proceedings, the inquiry officer found the charges proved against the delinquent vide report dated 18.9.2003. State of Tamil Nadu & Anr., AIR 1974 SC 555, this Court observed: "Secondly, we must not also over-look that the burden of establishing mala fides is very heavy on the person who alleges it..... There must be cogent evidence available on record to come to the conclusion as to whether in fact, there was existing a bias or a mala fide move which results in the miscarriage of justice....... State of J & K & Ors., (2003) 2 SCC 132, this Court held that the burden of proving mala fides lies very heavily on the person who alleges it. The party making such allegations is under the legal obligation to place specific materials before the Court to substantiate the said allegations. We could not find any material on record on the basis of which the High Court could be justified in recording a finding of fact that disciplinary proceedings had been initiated against the delinquent with pre-determined mind only to punish him. The finding recorded by the High Court regarding malice is unwarranted and hereby set aside.
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Without waiting for the result or outcome of the appeal pending before the Board of Directors, CIL, the delinquent filed Writ Petition No. The Schedule framed under Rule 27 of the said Rules 1978 specifically provided for it. ECL & Ors., Hon'ble High Court, Calcutta has passed an order upon the appellant to start enquiry proceedings, de-novo, giving adequate opportunity to the petitioner and in the light of the order passed by the Hon'ble High Court Calcutta on 8.8.2001, it will depend on a fresh order to be passed by the Disciplinary Authority/CMD, ECL. The presumption is in favour of the bona fides of the order unless contradicted by acceptable material. Even if this Court comes to the conclusion that the High Court was justified in setting aside the order of punishment and a fresh enquiry is to be held now, the delinquent can simply be reinstated and put under suspension and would be entitled to subsistence allowance as per the Service Rules applicable in his case.Tags: Adult Dating, affair dating, sex dating