Bombay High Court in Crane Process Flow Technologies Pvt. Ltd. vs. Amol V. Waghmale Writ Petition No. 7238 of 2021 upheld the order passed by the labour court wherein the said court vitiated the domestic enquiry for not attaching due weight to the evidence led by the delinquent employee by the enquiry officer. The Bombay High Court made an interesting observation that although on-examination of a particular witness cannot be a sole ground for interfering with the finding recorded by disciplinary authority, where there is other evidence which sustains the charge, yet, in the case at hand, the non-consideration of the evidence led by the delinquent employee is such a serious infirmity in the approach of the enquiry officerand therefore the finding was rendered wholly perverse.
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