https://www.taxtmi.com/caselaws?id=243989 A dismissal based on missing materials could not be sustained where no specific charge of theft was framed in the show-cause notice, enquiry report, or dismissal order. A theft finding is a serious character allegation and cannot be inferred from a vague charge or an enquiry that goes beyond the pleadings. The Labour Court erred in treating the matter as theft despite the record showing only a demand for recovery of loss, which at most gave rise to civil recovery subject to due process. On that basis, the dismissal was held unsustainable and reinstatement with backwages, continuity of service, and attendant benefits followed, while any recovery had to proceed in accordance with law. en-us Tue, 26 Jul 2011 00:00:00 +0530 Sat, 15 Feb 2014 15:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=243989 A dismissal based on missing materials could not be sustained where no specific charge of theft was framed in the show-cause notice, enquiry report, or dismissal order. A theft finding is a serious character allegation and cannot be inferred from a vague charge or an enquiry that goes beyond the pleadings. The Labour Court erred in treating the matter as theft despite the record showing only a demand for recovery of loss, which at most gave rise to civil recovery subject to due process. On that basis, the dismissal was held unsustainable and reinstatement with backwages, continuity of service, and attendant benefits followed, while any recovery had to proceed in accordance with law. Case-Laws Indian Laws Tue, 26 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=243989