logo

HC can interfere with departmental inquiry if it is flawed: Apex court

A high court can interfere with disciplinary inquiry or orders passed by the competent authority if the probe itself is vitiated on account of violation of principles of natural justice, the Supreme Court has said.

The apex court said that in a case where the disciplinary authority arrives at a finding that is unsupported by evidence or records a finding which no reasonable person could have arrived at, then the writ court is justified in examining the matter.

“It is true that a writ court is very slow in interfering with the findings of facts recorded by a departmental authority on the basis of evidence available on record. “But it is equally true that in a case where the disciplinary authority records a finding that is unsupported by evidence whatsoever or a finding which no reasonable person could have arrived at, the writ court would be justified, if not duty bound, to examine the matter and grant relief in appropriate cases,” a bench headed by Chief Justice T S Thakur said.

The bench also comprising Justice A M Khanwilkar said, “Non-application of mind by the inquiry officer or authority, non-recording of reasons in support of the conclusion arrived at by them are also grounds on which the writ courts are justified in interfering with the orders of punishment.
M Post Bureau

M Post Bureau

Our Contributor help bring you the latest article around you


Exclusive

View All

Latest News

View All
Share it
Top