Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disciplinary proceedings Service Law Central Civil Services (Conduct) Rules 1964 Central Excise |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law — Disciplinary proceedings - Punishment — High Court acting as appellate authority, re-appreciating even the evidence before the enquiry officer — Propriety — Held: Not proper - In disciplinary proceedings, the High Court is not and cannot act as a second court of first appeal — High Court, in exercise of its powers under Article 226/227 of the Constitution, shall not venture into re-appreciation of the evidence — High Court can only see whether: a) the enquiry is held by a competent authority; b) the enquiry is held according to the procedure prescribed in that behalf; c) there is violation of the principles of natural justice in conducting the proceedings; d) the authorities have disabled themselves from reaching a fair conclusion by some considerations extraneous to the evidence and merits of the case; e) the authorities have allowed themselves to be influenced by irrelevant or extraneous considerations, f) the conclusion, on the very face of it, is so wholly arbitrary and capricious that no reasonable person could ever have arrived at such conclusion; g) the disciplinary authority had erroneously failed to admit the admissible and material evidence; h) the disciplinary authority had erroneously admitted inadmissible evidence which influenced the finding; and i) the finding of fact is based on no evidence — Under Article 226/227 of the Constitution, the High Court shall not:(i) re-appreciate the evidence, (ii) interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law; (iii) go into the adequacy of the evidence; (iv) go into the reliability of the evidence; (v) interfere, if there be some legal evidence on which findings can be based; (vi) correct the error of fact however grave it may appear to be; and (vii) go into the proportionality of punishment unless it shocks its conscience — In the instant case, the impugned conduct of respondent working as Deputy Office Superintendent in a sensitive department of Central Excise, according to the disciplinary authority, reflected lack of integrity warranting discontinuance in service — That view was endorsed by the Tribunal also — Thereafter, it was not open to the High Court to go into the proportionality of punishment or substitute the same with a lesser or different punishment — Central Civil Services (Conduct) Rules, 1964 rr. — 3(1)(i), (ii) & (iii) - Constitution of India, 1950 — Arts. 226 and 227. Words and Phrases — Word “integrity” — In context to service jurisprudence —Meaning of - Held: It depicts sterling character with firm adherence to a code of moral values. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 760 |
Petitioner | Union Of India And Others |
Respondent | P. Gunasekaran |
SCR | [2014] 13 S.C.R. 1312 |
Judgement Date | 2014-11-19 |
Case Number | 10386 |
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