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2020 Supreme(UK) 164

RAMESH RANGANATHAN, R.C.KHULBE
Bhuwan Chandra Pandey – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Sanjay Raturi, Advocate, Sanjay Bhatt, Advocate

JUDGMENT

Ramesh Ranganathan, C.J. - Is the sole testimony, of the victim of sexual abuse, sufficient to hold the perpetrator guilty of misconduct in a departmental enquiry? Is the punishment of dismissal from service, imposed on the perpetrator as a consequence thereof, grossly disproportionate warranting interference by this Court in the exercise of its power of judicial review? These questions, among several others, arise for consideration in this writ petition.

    2. The extra-ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked by the petitioner seeking a writ of certiorari to quash the order of punishment of dismissal dated 10.05.2012, the appellate order, the order directing initiation of a de-novo enquiry, and the fresh charge sheet, declaring the same as illegal, de hors the rules and unconstitutional; to issue a writ of mandamus commanding the respondents to treat the petitioner as continuing in service, and reinstate him with all consequential benefits including promotion, upgradation of pay, revised pay scales and arrears of salary, as he would have been entitled to, if the impugned orders had not been passed; for a writ of ma

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