JUDGMENT - M.F. SALDANHA, J.:---Two points of law arise for decision in this second appeal, the first being the question as to whether the judicial review is permissible by a Civil Court in relation to the Disciplinary proceedings that have gone through the full exercise of a Departmental Enquiry or in other words, put very briefly, whether the Civil Court would be justified in virtually sitting in Appeal over such Departmental Disciplinary proceeding. More importantly, the cardinal issue canvassed is as whether in cases where the incident is trivial and the evidence both patchy and shaky, a department of the Government is at all justified in law in frittering away public time and money by going through the exercise of disciplinary proceedings, not to mention the harassment, torture and trauma, to which the employee is subjected. Put more briefly, the point that crystallises is as to whether or not there exists a responsibility on the concerned department to first ascertain as to whether there exists a justifiable case to proceed against the errant employee.

2. The facts of this case are as gross as they are pathetic. The appellant Ramchandra Adhav was a Senior Engine Driver with

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