Allahabad High Court’s Decision On Employee Reinstatement And Employer’s Assumptions

Posted On - 14 February, 2024 • By - King Stubb & Kasiva

The Hon’ble Allahabad High Court in Writ No.14824 of 2023 where an employer did not provide oral evidence to substantiate charges against an employee, stated that the seriousness of a charge does not permit the employer to make assumptions without proper evidence. The Hon’ble High Court directed the reinstatement of the employee emphasizing that the more serious the charge the stricter the requirement for procedural fairness in departmental inquiry. The Hon’ble High Court held that the employer must prove their charges first, the only exception being if the delinquent employee admits to the charges. In the absence of such admission, the employer must lead oral evidence and witnesses.