Writ petition challenging departmental punishment of censure which has been upheld in appeal and review. Court held that High Court cannot reappreciate evidence or act as an appellate authority in disciplinary proceedings.
The writ petition is dismissed as there is no force in it due to the lack of any illegality in the departmental inquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJP/003687]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2934/2022
Mangi Lal S/o Shri Hariram, Aged About 36 Years, Resident Of Barjasar, Tehsil Phalodi, Jodhpur Rural, District Jodhpur
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order
03/03/2023
[2023/RJJP/003687]
[CW-2934/2022]
(2 of 3)
hearing, the petitioner was awarded the penalty of censure by the competent authority. The order of penalty has been upheld in Appeal and the review thereagainst has also been dismissed. From the material available on record, it appears that the petitioner has failed to point any illegality or irregularity in conducting the departmental inquiry or that the impugned orders have not been passed by competent authority.
(3 of 3)
[2023/RJJP/003687]
[CW-2934/2022]
(g) the disciplinary authority had erroneously failed to admit the admissible and material evidence;
(h) the disciplinary authority had erroneously admitted inadmissible evidence which influenced the finding;”
i. the finding of fact is based on no evidence. Under Article 226/227 of the Constitution of India, the High Court shall not:
(ii) interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law;
(iv) go into the reliability of the evidence;
(SUDESH BANSAL),
TN/1
2 issues framed by the court
Whether the High Court should interfere with the departmental punishment orders for failure to appoint proper authority
Whether the High Court can serve as a second court of appeal in disciplinary proceedings before reappreciating evidence
Colour shows how this judgement treated each authority
Central Industrial Security Force vs. Abrar AliReferred¶21
Central Industrial Security Force vs. Abrar Ali reported in [AIR 2017 SC 200] · Who else cites this
Union of India & ors vs. P. GunasekaranReferred¶21
Union of India & ors vs. P. Gunasekaran reported in (2015) 2 SCC 610 · Who else cites this
Mangi Lal
State Of Rajasthan
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
