CWP-13854-2016 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 217 CWP-13854-2016 (O&M) DATE OF DECISION: 22.07.2026 AVTAR SINGH DHINDSA … Petitioner (s) Versus PRESIDING OFFICER, LABOUR COURT, CHANDIGARH AND ORS. ... Respondent(s) CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Karanjeet Singh, Advocate for Mr. Amar Vivek, Advocate, for the petitioner. Mr. Parminder Singh Kanwar, Addl. Standing counsel for U.T., Chandigarh (respondents No.2 and 3). KIRTI SINGH, J. (ORAL) 1) This petition has been filed under Articles 226/227 of the Constitution of India for setting aside the Award dated 24.08.2010 (Annexure P-10) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, U.T., Chandigarh, whereby the reference made on behalf of the petitioner was answered against him and it was held that his services had been rightly terminated by the management. The petitioner has also prayed for setting aside the Order dated 05.02.2002 (Annexure P-8) passed by the Director, Chandigarh Transport Undertaking (CTU), Chandigarh, dismissing his appeal against the order dated 26.06.2000, whereby his services were terminated, and also for a direction to the respondents to reinstate him in service with full back wages and consequential benefits. SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -2- 2) Briefly stated, the facts are that the petitioner was appointed and worked as a Clerk in the Chandigarh Transport Undertaking (CTU) and was later promoted and posted as a Diesel Pump Assistant at the CTU Workshop, Depot-II, Chandigarh. Certain discrepancies in the records and stocks, and certain shortages were discovered, for which a charge-sheet (Annexure P-1) was served upon the petitioner, to which he filed a reply dated 11.8.1999 (Annexure P-2), followed by a defence statement dated 6.4.2000 (Annexure P- 3). An inquiry into the charges was conducted by the Inquiry Officer, who submitted a report (Annexure P-4), holding the charges against the petitioner as proved. The petitioner thereafter filed a representation dated 26.05.2000 (Annexure P-5) against the findings of the Inquiry Officer. However, vide Order dated 26.06.2000 (Annexure P-6), the Director, CTU, Chandigarh, terminated the services of the petitioner on the basis of the said inquiry report. 3) Feeling aggrieved, the petitioner raised an industrial dispute and served a demand notice dated 10.05.2002 (Annexure P-9) under Section 2-A of the Industrial Disputes Act, 1947, upon the respondents. The dispute was thereafter referred to the Labour Court for adjudication, and vide the impugned Award dated 24.08.2010 (Annexure P-10), the Presiding Officer, Labour Court, U.T., Chandigarh, dismissed the reference, holding that no prejudice had been caused to the delinquent workman during the course of the inquiry and upholding both the findings of the Inquiry Officer and the consequent order of termination. 4) Learned counsel for the petitioner inter alia submits that the impugned Award dated 24.08.2010 passed by the learned Industrial Tribunal- cum-Labour Court, U.T., Chandigarh, as well as the orders of dismissal dated 26.06.2000 and appellate order dated 05.02.2002, are wholly illegal, arbitrary SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -3- and liable to be set aside. It is submitted that there was never any allegation or proof of actual theft, misappropriation or physical shortage of diesel and that the entire case rests merely on discrepancies in stock entries caused by defective measuring equipment and clerical mistakes. The respondents themselves admitted that the diesel pump was defective and was subsequently replaced, while excess quantities of diesel were found within a few days of the alleged shortage, completely demolishing the allegation of misappropriation. It is further contended that the findings of guilt are unsupported by any evidence of wrongful gain or financial loss to the employer, and therefore the punishment of dismissal is excessively disproportionate to the alleged misconduct. Reliance is placed upon the judgments of the Hon’ble Supreme Court in the cases of Surekha Domaji Bele v. Executive Engineer, Testing Division, MSEDCL, 2026 INSC 639, Ranjit Thakur v. Union of India, (1987) 4 SCC 611, B.C. Chaturvedi v. Union of India, (1995) 6 SCC 749 and Om Kumar v. Union of India, (2001) 2 SCC 386, to contend that where the misconduct is merely technical or clerical and no financial loss or corruption is established, the disciplinary authority is duty-bound to impose a lesser punishment. 5) It is further highlighted that a total of four employees were charge-sheeted on identical allegations, out of whom two were exonerated and one was retained in service, whereas only the petitioner was penalized with dismissal. It is submitted that the petitioner was in fact on leave on one of the relevant dates, and that some entries that formed the basis of the chargesheet had been made by other officials. 6) Learned counsel also contends that the departmental enquiry stood vitiated for violation of the principles of natural justice. The petitioner's SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -4- request to engage an advocate or defence assistant of his choice was declined and he was compelled to defend himself only with the assistance of a co- worker, despite the complexity of the charges. The Enquiry Officer further relied upon statements recorded during the preliminary enquiry without examining those witnesses afresh in the departmental proceedings, thereby depriving the petitioner of an effective opportunity of cross-examination. Reliance is placed upon the judgment of the Hon’ble Supreme Court in the case of Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni, (1983) 1 SCC 124 and Union of India v. T.R. Varma, AIR 1957 SC 882, in support of the contention that such procedure is contrary to the settled principles of natural justice. In these peculiar facts and circumstances, it is prayed that the impugned Award, dismissal order and appellate order be quashed and the petitioner be reinstated with all consequential service benefits. 7) Per contra, learned counsel appearing for the official respondents submits that the domestic inquiry conducted against the petitioner was fair and proper, and that full and adequate opportunity was afforded to him to defend himself. It is further submitted that the charge of shortage of a huge quantity of diesel stood duly proved on the basis of documentary evidence, including the stock and issue registers, which bore the petitioner's own signatures. It is further submitted that the petitioner, being the official in-charge of the diesel pump and responsible for maintaining the stock registers, cannot escape liability merely by attributing the discrepancies to faulty machines or to the acts of other officials, particularly when the relevant entries were made and signed by the petitioner himself. It is further submitted that the findings recorded by the Inquiry Officer and affirmed by the Labour Court are findings SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -5- of fact based on appreciation of evidence and do not call for interference by this Court in the exercise of its limited jurisdiction under Article 226 of the Constitution of India. It is further submitted that the punishment of dismissal is commensurate with the gravity of the proved misconduct and does not warrant any interference by this Court. 8) Heard learned counsel for the parties. 9) A perusal of the case record reveals that the petitioner, while functioning as Diesel Pump Assistant, was entrusted with the maintenance of stock and issue registers and was responsible for accounting for the diesel received and issued. A domestic enquiry was initiated on the basis of serious discrepancies noticed in the official records, and the Inquiry Officer, after appreciating the oral as well as documentary evidence adduced by both sides, including stock registers maintained under the supervision of the petitioner and bearing his signatures, returned a categorical finding that the charges stood proved. The Labour Court independently examined the enquiry proceedings and recorded the finding that the findings recorded in the enquiry report were findings of fact, based on the correct appreciation of legal evidence. 10) Insofar as the issue of proportionality of the punishment is concerned, it needs no reiteration that the question of punishment lies primarily within the domain of the disciplinary authority. Judicial review in such matters is confined to examining whether the punishment is misfounded, arbitrary, or so disproportionate as to warrant interference. In the present case, the misconduct related to maintenance of official records concerning valuable public property involving a substantial shortage reflected in the departmental accounts, and was duly proved by way of cogent evidence on record. In these SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -6- circumstances, the punishment of dismissal imposed upon the petitioner cannot be said to be so disproportionate as to warrant interference in exercise of writ jurisdiction. The plea that some co-delinquents were either exonerated or awarded a lesser punishment is equally misconceived, as parity cannot be claimed as a matter of right and each delinquent is liable to be dealt with on the basis of the evidence available against him and his individual role in the misconduct. 11) The challenge to the enquiry proceedings on the ground of violation of principles of natural justice is also without substance. The Labour Court recorded a categorical finding in the impugned order that adequate opportunity was afforded to the petitioner to defend himself during the enquiry. The petitioner participated in the proceedings, submitted his reply to the charge-sheet, filed his written defence and also submitted a representation against the enquiry report before the disciplinary authority. No prejudice stemming from the alleged procedural irregularity has been demonstrated, so as to vitiate the disciplinary proceedings. 12) The reliance placed by the petitioner upon the judgments of the Hon’ble Supreme Court in the cases of Surekha Domaji Bele (supra), Ranjit Thakur (supra), B.C. Chaturvedi (supra) and Om Kumar (supra), also does not advance the case of the petitioner in the facts and circumstances of the present case. The principles laid down in the aforesaid judgments are well settled. However, the same have no application where the enquiry has been found to be fair and proper, the findings are based upon legal evidence and the punishment imposed cannot be said to be shockingly disproportionate. 13) The learned Industrial Tribunal-cum-Labour Court has meticulously examined the entire record and has returned well-reasoned SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document CWP-13854-2016 (O&M) -7- findings upholding the validity of the domestic enquiry as well as the order of dismissal. 14) Trite to say that while exercising its supervisory jurisdiction under Articles 226/227 of the Constitution of India, this Court does not sit as a Court of appeal over the findings of fact, nor does it re-appreciate the evidence to test whether a different view is possible. However, no jurisdictional error, perversity, patent illegality or violation of any statutory provision has been pointed out in the present case, so as to warrant interference by this Court in exercise of its extraordinary writ jurisdiction under Articles 226/227 of the Constitution of India. 15) Consequently, finding no merit in the present writ petition, the same is dismissed. 16) Pending miscellaneous application(s), if any, shall also stand disposed of. (KIRTI SINGH) JUDGE July 22, 2026 SwarnjitS Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SWARNJIT SINGH 2026.07.29 16:18 I attest to the accuracy and integrity of this document