Jaipal Singh vs Divisional Head And Another
2023 Latest Caselaw 853 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - C No. - 37068 of 2022
 
Petitioner :- Jaipal Singh
 
Respondent :- Divisional Head And Another
 
Counsel for Petitioner :- Shashi Prakash Giri,Shree Prakash Giri
 
Counsel for Respondent :- Sanjai Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner before this Court is aggrieved that his application to provide copies of vigilance report against him was rejected by Industrial Tribunal-cum-Labour Court, Kanpur by impugned order dated 25.08.2022.

2. Sri S.P. Giri, learned counsel for petitioner has placed reliance on a judgment passed by Supreme Court in Roop Singh Negi vs. Punjab National Bank and others (2009) 2 SCC 570 that the Inquiry Officer has a duty to arrive at a finding upon taking into consideration the materials brought on record by the parties. The purported evidence collected during investigation by the Investigating Officer against all accused by itself could not be treated to be evidence in disciplinary proceeding and for that materials were relevant which ought to have been supplied.

3. Sri Uma Nath Shukla, Advocate holding brief of Sri Sanjeev Singh, learned counsel appearing for Respondent-Bank, submits that all the contentions can be raised by petitioner before Tribunal as the matter is fixed for hearing on the point of fairness of inquiry.

4. Considering the above submissions at this stage Court cannot give any finding, whether documents are relevant or not as it was a part of vigilance report, therefore, relief sought by petitioner cannot be granted. However, petitioner is at liberty to raise all the issues and contentions available in accordance with law placing reliance on Roop Singh Negi (supra) and Tribunal will pass appropriate order after hearing parties in accordance with law.

5. With aforesaid observation, the writ petition is disposed of.

Order Date :- 9.1.2023

AK