NDLI: The State of Karnataka & Anr. Vs. N. Gangaraj

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administrative law Judicial review Punishment for misconduct
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administrative law: Judicial review – Punishment for misconduct – Interference by court, permissibility – In the instant case, a complaint of illegal gratification was filed against respondent-Inspector – Disciplinary proceedings conducted against him – Inquiry officer returned a finding that the charges levelled against him were proved – Termination from service – Aggrieved respondent invoked the jurisdiction of Tribunal – Tribunal set aside the order of punishment by holding that the criminal court, on the same set of facts, did not place reliance on the deposition of witnesses, therefore, it was not proper on the part of the Disciplinary Authority to rely upon such evidence to hold that respondent demanded illegal gratification – High Court found that similar evidence was not accepted in criminal trial and that there were discrepancies in the evidence of the witnesses which made it unreliable – On appeal, held: The power of judicial review is confined to the decision-making process – The Court/Tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence – It was not the case of no evidence or that the findings were perverse – The finding that the respondent was guilty of misconduct was interfered with only on the ground that there were discrepancies in the evidence of the Department – However, the discrepancies in the evidence would not make it a case of no evidence – The Inquiry Officer had appreciated the evidence and returned a finding that the respondent was guilty of misconduct – The disciplinary authority agreed with the findings of the inquiry officer and passed an order of punishment – An appeal before the State Government was also dismissed – Once the evidence was accepted by the departmental authority, in exercise of power of judicial review, the Tribunal or the High Court could not interfere with the findings of facts recorded by re-appreciating evidence as if the Courts are the Appellate Authority – Service law – Termination.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2020 INSC 188
Petitioner	The State Of Karnataka & Anr.
Respondent	N. Gangaraj
SCR	[2020] 1 S.C.R. 616
Judgement Date	2020-02-14
Case Number	8071

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