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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Syed Nabi Karim, S/o Late Sharafat Karim – Appellant
Versus
Bihar State Electricity Board – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
The Appellant has assailed the order of the learned Single Judge dated 21.04.2015 passed in C.W.J.C. No. 1263 of 1999. During the pendency of the present L.P.A., appellant has died and legal heirs of deceased Syed Nabi Karim-Appellant have been brought on record. Deceased Syed Nabi Karim, who was working as a Typist Category-I in the erstwhile Bihar State Electricity Board, Patna (Now known as Bihar Distribution Company Limited, Patna, the successor body) (hereinafter referred to as the Board). Deceased employee was subjected to disciplinary proceedings and charge was framed on 18.06.1995. The extract of the Charge Memo reads as under:
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The main legal point established is the limited scope of interference in departmental inquiries by the court, which can only be done in specific circumstances such as violation of principles of natur....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Judicial review in disciplinary proceedings limited to procedural fairness and natural justice; no interference absent perversity or bias; facilitation of witness deposition not bias; repeated frivol....
Judicial review of disciplinary proceedings is limited to evaluating the inquiry process's fairness, with the onus generally on the authority to establish charges against the employee.
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