CHARGES ARE NOT PROVED BY DEFAULT, EVIDENCE IS A MUST: HC

: While quashing the termination order of one Rajesh Kumar, a tax collector with nagar panchayat, Jewar, Gautam Buddh Nagar, the Allahabad high court has held that even if an employee does not appear before the inquiry committee, the charges do not stand proved by their default and they must be proved by supporting evidence.

While passing this order, justice JJ Munir allowed the petition filed by Rajesh Kumar challenging his termination from service. It was alleged that the petitioner had embezzled Rs 87, 320 in 2012.

The petitioner said the disciplinary authority/executive officer did not hold him guilty of embezzlement after the inquiry. However, the petitioner said he was held guilty of charges of tampering with official records and not depositing government money as per the rules.

On February 16, 2013, he was reinstated with a warning that he would never repeat such a mistake. As a punishment, he was given an adverse entry. However, the chairman of the nagar panchayat ordered a fresh inquiry into the matter in which Kumar was found guilty and subsequently terminated from service.

The petitioner challenged the termination order and his termination was set aside by the appellate authority. Directions were issued to conduct an inquiry afresh into the matter. As per the petitioner, a third inquiry was initiated but he was not shown any documents on which the establishment relied to prove the charges.