Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
2 years, 10 months ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority. Regarding the contention that he did not conduct any misconduct, the bench observed thus: "So far as the submission on behalf of the appellant that the appellant has not conducted any misconduct and the finding recorded by the inquiry officer on the charges proved are perverse is concerned, the High Court is justified in holding that in the limited jurisdiction available to the High Court in exercise of powers under Article 226 of the Constitution of India, the High Court is not required to reappreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority. " Case name: Umesh Kumar Pahwa vs Board of Directors Uttarakhand Gramin Bank Citation: 2022 LiveLaw 155 Case no.|date: CA 796-­799 OF 2022 | 11 Feb 2022 Coram: Justices MR Shah and BV Nagarathna Caselaw: Constitution of India, 1950 - Article 226 - Judicial Review Of Disciplinary Proceedings - Limited jurisdiction - The High Court is not required to reappreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.

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History of this topic

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
1 week, 3 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
1 month, 1 week ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
1 month, 1 week ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
1 month, 3 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
3 months, 4 weeks ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Live Law  

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
1 year, 2 months ago

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

Live Law  

A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence available on record are insufficient/inconclusive to enable the Court to come to a …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 3 months ago

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court

Live Law  

Upholding Rule 3 of the Tripura State Civil Services Rules, the Supreme Court observed that the financial burden on the State can be a valid ground to fix a cut­ off date for the purpose of payment of revision of pension.The bench comprising Justices MR Shah and BV Nagarathna set aside the judgment passed by Tripura High Court that had …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC
2 years, 4 months ago

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC

Live Law  

The Kerala High Court on Wednesday, while allowing a writ appeal, observed that the Court exercising power under Article 226 of the Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition. Suresh Kumar and Justice C. S. Sudha, observed that, Merely …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 5 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 5 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC
2 years, 7 months ago

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has recently held that under Article 235 of the Constitution of India, which provides control to the High Courts over subordinate courts, the former cannot terminate the services of a District Judge or impose any punishment of reduction in rank.This power belongs to the Governor being the appointing authority under Article 311 of the Constitution. It …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 8 months ago

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently observed that High Court cannot issue writs under Article 226 of the Constitution challenging the orders of the Labour Court as it is a Civil Court and only supervisory jurisdiction under Article 227 can be exercised. hile challenging an award under the Industrial Disputes Act, 1947, the Labour Court exercises powers and jurisdiction of …

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
2 years, 9 months ago

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever …

Article 226 Remedies Available When Disciplinary Authority's Findings Are Malafide Or Perverse, Based On Irrelevant Material Or Ignoring Relevant Material: Supreme Court
2 years, 10 months ago

Article 226 Remedies Available When Disciplinary Authority's Findings Are Malafide Or Perverse, Based On Irrelevant Material Or Ignoring Relevant Material: Supreme Court

Live Law  

The Supreme Court on Monday observed that remedies under Article 226 of the Constitution are available and intervention is warranted when disciplinary authority's findings are malafide or perverse, not based on evidence or are based on consideration of irrelevant material or by ignoring relevant material, or are such that they could not have been rendered by any reasonable person placed …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
2 years, 11 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

'Frivolous Litigation By State': Supreme Court Dismisses Uttarakhand Govt's SLP Against Reduction Of Sentence To Accused Without Opposing It Before HC
3 years, 1 month ago

'Frivolous Litigation By State': Supreme Court Dismisses Uttarakhand Govt's SLP Against Reduction Of Sentence To Accused Without Opposing It Before HC

Live Law  

Frivolous litigation by the State, the Supreme Court remarked while dismissing a special leave petition filed by the State of Uttarakhand.The State had filed an SLP against a High Court order in a criminal appeal that reduced the sentence pf an accused in relation to the offence under Sections 307/34 IPC to rigorous imprisonment of four years and five months …

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court
3 years, 3 months ago

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court

Live Law  

The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances: a breach of fundamental rights; a violation of the principles of natural justice; an excess of jurisdiction; or a challenge to the vires of the statute or. The …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 3 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 6 months ago

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court

Live Law  

The Kerala High Court on Friday iterated the legal proposition that High Courts as Courts of Record could review their own orders. Affirming the stance of the Single Judge, the Court said, "Discussion of facts made above would make it clear that while rendering the impugned judgment, learned single Judge was under the impression that the entire facts and circumstances …

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 8 months ago

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court

Live Law  

The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution.In this case, the appellant's contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 10 months ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Live Law  

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 3 months ago

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]

Live Law  

The Supreme Court has held that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. The petitioner assailed this order passed by the High Court by filing a writ petition under Article 226 with a …

Administrative Tribunal Not An 'Alternative', But The'Only' Forum For Service Matters : Delhi HC [Read Order]
4 years, 5 months ago

Administrative Tribunal Not An 'Alternative', But The'Only' Forum For Service Matters : Delhi HC [Read Order]

Live Law  

In a recent decision, the single bench of the Delhi High Court held that, in service matters the High Court lacks original jurisdiction under Article 226 of the Constitution. The bench of Justice Jyothi Singh, by placing reliance on the landmark apex court decision in L.Chandra Kumar v. Union of India 3 SCC 261 observed that, "It is clear that …

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