Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Disciplinary proceedings - Findings recorded by Enquiry officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Disciplinary proceedings - Findings recorded by Enquiry officer - Interference by High Court in exercise of its power of judicial review - Scope - Complaint against appellant-railway constable that he along with another constable jointly dragged and assaulted a passenger and snatched money from his possession - Enquiry officer held the appellant guilty - Disciplinary authority ordered removal of appellant - Appellate Authority, however, substituted the punishment of removal to that of compulsory retirement - High Court quashed the order of compulsory retirement on ground that the complainant-passenger was not examined - Justification - Held: Not justified - The enquiry officer took all pains to call the complainant from his native place but he did not appear during the enquiry - Nevertheless, the written complaint supported the charges levelled against the respondent - Further, respondent, in his defence, had accepted the detention of the complainant and his release, though he denied the allegation of money snatching - The High Court, while exercising the power of judicial review from the order of the disciplinary authority does not act as a Court of appeal and appraise evidence - It interferes with the finding of enquiry officer only when the finding is found to be perverse.- On facts, the finding recorded by the enquiry officer was based on materials on record and on proper appreciation of evidence, which cannot be said to be perverse, calling for interference by the High Court in exercise of its power of judicial review |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2011 INSC 164 |
Petitioner | Union Of India And Ors. |
Respondent | Manab Kumar Guha |
SCR | [2011] 3 S.C.R. 272 |
Judgement Date | 2011-02-28 |
Case Number | 2175 |
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