In Brief
BHEL dismissed two employees (Drivers Grade II) for alleged theft of machinery during night shift. Although a criminal court later acquitted them, BHEL conducted an independent departmental enquiry which found the theft charge proved and led to dismissal. The Labour Court and High Court set aside the dismissal, holding that the enquiry violated natural justice by proceeding while criminal proceedings were pending. The Supreme Court upheld the dismissal as legal and proper, holding that departmental enquiries and criminal trials are independent with different standards of proof. Acquittal in criminal court does not vitiate a properly conducted departmental enquiry. Dismissal was appropriate punishment for theft by an on-duty employee.
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