AIR 1963 SUPREME COURT 404

Supreme Court Of India

(From Orissa : ILR (1959) Cut 425)

Hon'ble Judge(s): P. B. Gajendragadkar, K. Subba Rao, M. Hidayatullah, J. C. Shah, Raghubar Dayal , JJJ

(A) Constitution of India , Art.226, Art.227— Findings In departmental enquiry - High Court has no power to reappreciate evidence. ILR (1959) Cut. 425, Reversed. In proceedings under Arts. 226 and 227 the High Court cannot sit in appeal over the findings recorded by a competent tribunal in a departmental enquiry so that if the High Court has purported to reappreciate the evidence for itself that would be outside its jurisdiction. However, if it is shown that the impugned findings recorded by the Administrative Tribunal are not supported by any evidence the High Court would be justified in setting aside the said findings. (Held that the High Court was not right in holding that there was no evidence in support of conclusions recorded by the Tribunal). (B) Disciplinary Proceedings (Administrative Tribunal) Rules (1951) , R.7(2)— inquiry by Tribunal-Technical rules of evidence not applicable. ILR (1959) Cut 425, Reversed. The enquiry held by the Administrative Tribunal is not governed by the strict and technical rules of the Evidence Act. Rule 7 (2) of the Rules provides that in conducting he enquiry the Tribunal shall be guided by rules of equity and natural justice and shall not be bound by formal rules relating to procedure and e....