Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SC [Read Judgment]
5 years, 1 month ago

Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SC [Read Judgment]

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The Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered only on the ground that there are discrepancies in the evidence against the delinquent. The bench of Justice S. Abdul Nazeer and Justice Hemant Gupta observed that, once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, the Tribunal or the. The bench of Justice S. Abdul Nazeer and Justice Hemant Gupta observed that, once the evidence has been 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. The respondent relied on the judgment in Allahabad Bank v. Krishna Narayan Tewari wherein it was held that if the disciplinary authority records a finding that is not supported by any evidence whatsoever or a finding which is unreasonably arrived at, the Writ Court could interfere with the finding of the disciplinary proceedings. Once the evidence has been 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 reappreciating evidence as if the Courts are the Appellate Authority.

History of this topic

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court
8 months, 3 weeks ago
Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago
Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 3 months ago
MP High Court Explains When Delinquent Employee Can Object That Disciplinary Proceeding Is Causing Prejudice In Criminal Trial
2 years, 4 months ago
After Setting Aside Punishment In 'Improperly Conducted' Disciplinary Enquiry , Court Cannot Preclude Conduct Of Enquiry From The Point That It Stood Vitiated : Supreme Court
2 years, 6 months ago
Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct
2 years, 8 months ago
Disciplinary Proceedings - High Court Cannot Interfere With Quantum Of Punishment Unless It Is Grossly Disproportionate: Supreme Court
3 years ago
Disciplinary Proceedings Against Judicial Officers Not To Be Initiated Merely Because They Passed Wrong Order: SC [Read Judgment]
5 years, 5 months ago
Acquittal From Criminal Case Does Not Ipso Facto Absolve Delinquent From Disciplinary Action, Reiterates SC [Read Judgment]
5 years, 7 months ago
Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]
5 years, 8 months ago
No Defense Available To A Delinquent To Say There Was 'No Loss Or Profit' Resulting In A Case When He Is Found To Have Acted Without Authority- SC [Read Judgment]
7 years, 6 months ago
SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]
8 years, 2 months ago

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