DECISION ' This appeal has been filed against the order of the Labour Court ordering re-instatement of the respondent on an application made under section 25-A, I. R.
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2. The respondent was in the employment of the appellant. He was id to have committed some act of misconduct and was, therefore, charge sheeted. Inquiry was held. The Inquiry Officer found the respondent guilty of misconduct. After second show-cause notice the respondent was dismissed from service. Aggrieved by this, he served a grievance notice and approached the Labour Court.
3. The application was opposed and it was pleaded that the respondent found guilty of misconduct after due inquiry and, therefore, the action against him was justified.
4. Evidence was recorded by the Labour Court. On the assessment e evidence the learned Presiding Officer ordered re-instatement on ground that certain documents which were not produced during the so of the inquiry were relied upon by the Inquiry Officer in finding the respondent guilty of the charge and, therefore, the inquiry was vitiated grieved by this, the present appeal had been filed.
5. On perusal of the record and proceedings and hearing the arguments I see no reason to interfere with the order passel by the learned Presiding Officer. It is an admitted position that four documents which were not produced during the course of inquiry, were considered by the Inquiry Officer in assessing the misconduct of the respondent. Consequently, such an action on the part of the Inquiry Officer cannot be supported or approved. The action amounts to an illegality which vitiates the inquiry and the conclusion reached by the Inquiry Officer.
6. In result the appeal is dismissed. It is, however, open to the Management to hold fresh inquiry against the respondent on the same charge-sheet by appointing another Inquiry Officer and take such action as may be deemed fit in accordance with law on the conclusion of the inquiry.