Reserve Bank Of India & Anr vs The Presiding Officer & Anr on 9 March, 2015

delivered on: 09.03.2015 + W.P.(C) 4974/2008 & CM No.9536/2008 RESERVE BANK OF INDIA & ANR .....Petitioners versus THE PRESIDING OFFICER & ANR ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Sushil Dutt, Sr. Advocte with Mr K.S. Parihar and Mr H.S. Parihar. For the Respondents : Mr Pawan Bahl for R-2. CORAM:- HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT

VIBHU BAKHRU, J

1. The petitioner impugns an order dated 19.02.2008 (hereafter the 'impugned order') passed by the Central Government, Industrial Tribunal cum Labour Court-II (hereafter the 'Tribunal'). By the impugned order, the Tribunal decided the issue with regard to fairness of domestic inquiry held by the petitioner in respect of charges framed against respondent no.2, as a preliminary issue; the Tribunal held that the inquiry was vitiated as the Inquiry Officer had relied on evidence of the complainant who had not been examined by respondent no. 2 (hereafter the 'workman'). The petitioner challenges the impugned order as being perverse and contrary to the principles of law. This is controverted on behalf of the workman. The workman further contends that the present petition is not maintainable as it seeks to challenge an order with respect to a preliminary issue, while the W.P.(C) 4974/2008 Page 1 of 13 disputes are still pending consideration before the Tribunal.

2. The principal cont