Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation
Live LawObserving that a minor contradiction in witness deposition wouldn’t render the entire evidence of the witness unacceptable, the Bombay High Court upheld the dismissal of an Assistant Traffic Inspector of MSRTC for allegedly demanding and accepting bribe. Besides, the evidence proves that Gosavi demanded bribe in exchange of saving the complainant from dismissal and instructed the bakery owner to accept the bribe, the court noted. “If the complainant to whom demand of illegal gratification is made and who has paid the gratification to the delinquent employee, adduces evidence supporting said allegations, it is not necessary for the employer to produce any corroborative evidence to prove the charge.” Further, pendency of criminal trial is absolutely irrelevant for domestic enquiry, the court stated. Gosavi was facing serious charges and a minor contradiction in the complainant’s evidence cannot be reason to let him scot-free in respect of the serious allegations, the court held The court held that the Labour Court and Industrial Court erred in permitting technicalities to take precedence over the purpose of domestic enquiry despite the complainant’s testimony remaining unshattered in the cross examination.
History of this topic
Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court
Live Law
Labour Court Can Examine Charges On Merits Only If Domestic Enquiry Is Held Illegal: SC Upholds Dismissal Of Banker Who Was Found Drunk On Duty [Read Judgment]
Live Law
Corruption Can’t Be Condoned Even If Amount Involved Is Meagre: SC [Read Judgment]
Live Law
Labour court order suffers from legal infirmities, says High Court
The HinduDiscover Related