Supreme Court in The State Of Uttar Pradesh & Ors. vs. Prabhat Kumar CA No. 1567/2019, observed that it is a settled legal proposition that once the court sets aside an order of punishment on the ground that the enquiry was not properly conducted, the court should not severely preclude the employer from holding the inquiry in accordance with law and it must remit the case concerned to the disciplinary authority to conduct the enquiry from the point that it stood vitiated, and to conclude the same in accordance with law. However, the Court further stated that resorting to such a course depends upon the gravity of delinquency involved.
Also read: ECA Compensation to be awarded when accident caused during course of employment: Andhra Pradesh HC
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