JUDGMENT :

D.Y. CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment of the Division Bench of the High Court of Uttarakhand dated 10 October 2018. The High Court has set aside the findings of the disciplinary inquiry and the award of punishment of a stoppage of eight increments holding that the nature of a disciplinary inquiry is quasi criminal.

3. Notice was issued by this Court on 11 February 2019 in pursuance of which the respondent has appeared.

4. We have heard learned counsel for the parties.

5. At the outset, it may be noted that the High Court applied the wrong test in exercising its power of judicial review with reference to disciplinary proceedings. Disciplinary proceedings are not quasi criminal in nature. A disciplinary inquiry is conducted by the employer to inquire into a charge or misconduct pertaining to a breach of the rules and regulations governing the service of the employer. The standard of proof is not that governed by a criminal trial. In exercising judicial review the test is whether the findings are based on some evidence. The High Court may interfere with only in a case where there is no evidence to sustain the charge of misconduct.

6. In the p