SUPREME COURT OF INDIA
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION
Vs.
HAR NARAIN SINGH
Decided on August 14, 1997
Disciplinary Enquiry - Jurisdiction of High Court - The High Court exceeded its jurisdiction by reappreciating the evidence and quashing the order passed by the tribunal and the Disciplinary Authority
Fact of the Case:
A disciplinary enquiry was held against the respondent, and the High Court reappreciated the evidence and quashed the order passed by the tribunal and the Disciplinary Authority
Finding of the Court:
The High Court exceeded its jurisdiction by reappreciating the evidence and quashing the orders
Issues: Jurisdiction of the High Court, Reappreciation of Evidence
Ratio Decidendi: The High Court was not sitting in appeal over the findings given by the disciplinary authority, and the re-examination of the evidence led in the disciplinary proceedings was not warranted
Final Decision: The impugned judgment and order of the High Court were set aside, and the order of the tribunal was restored
( 1 ) A disciplinary enquiry was held against the respondent who was a bus conductor in the appellants Corporation. The Assistant Regional Manager of the appellant himself conducted the enquiry and found that the charges against the respondent are proved. He issued a show-cause notice on punishment to the respondent. After considering the reply given by the respondent he imposed a punishment of dismissal from service on the respondent. The respondent preferred an appeal before the Regional manager which was dismissed. The respondent then preferred a claim before the Labour tribunal. The Labour tribunal held that it had no jurisdiction in the matter. Thereafter, the respondent preferred a petition before the U. P. Public Services tribunal at Lucknow. The tribunal dismissed therespondents petition and held that there is no illegality in the conduct of the enquiry. It also held that the reasons given by the enquiry officer cannot be a said to be perverse or against merit on record. From this judgment and order of the tribunal dated 11/10/1985 the respondent filed a writ petition before the High court of Judicature at Allahabad. A Single Judge of the High court reappreciated the evidence led in the enquiry and quashed the order passed by the tribunal as also the order passed by the Disciplinary Authority. The high court clearly exceeded its jurisdiction in doing so because the High court was not sitting in appeal over the findings given by the disciplinary authority. The re-examination of the evidence led in the disciplinary proceedings was not warranted. The impugned judgment and order of the high court are, therefore, set aside and the order of the tribunal is restored. The appeal is allowed accordingly.
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