Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950: Article 226 - Interference with findings of fact recorded by Tribunal - Departmental inquiry- Notice sent to delinquent followed by publication in newspaper - Delinquent not appearing before Inquiry Officer - Ex-parte proceedings - Charges found proved - Dismissal from service affirmed by Tribunal - Challenged before High Court - Order of Tribunal set aside by High Court holding that no proper service was effected on delinquent and there was violation of principle of natural justice - HELD: That delinquent was served with a notice is a finding of fact recorded by Tribunal - Therefore, High Court has exceeded its jurisdiction under Article 226 - Power under Article 226 is to interfere only when there is miscarriage of justice or an error of law on the face of record but not to re-appreciate evidence recorded by court of first instance - The record clearly shows that the delinquent knew that a departmental inquiry was initiated against him yet he chose not to participate in inquiry proceedings at his own risk - In such event, plea of principle of natural justice is deemed to have been waived and he is estopped from raising question of non-compliance of principle of natural justice - High Court fell in error in interfering with findings of fact recorded by Tribunal - Notice - Service of - In addition to publication in newspaper - Principles of natural justice - Proper service of noticePlea - Plea of ignorance of law - HELD: Ignorance of law is no excuse much less by a person who is a law graduate himself. |
Judge | Hon'ble Mr. Justice H.K. Sema Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2008 INSC 225 |
Petitioner | Board Of Directors, H.p.t.c. & Anr. |
Respondent | K.c. Rahi |
SCR | [2008] 3 S.C.R. 97 |
Judgement Date | 2008-02-20 |
Case Number | 4524 |
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