HIMA KOHLI, AHSANUDDIN AMANULLAH
State of Rajasthan – Appellant
Versus
Bhupendra Singh – Respondent
Certainly. Here are the key points derived from the provided legal document:
The court emphasized that findings in a departmental inquiry cannot be reassessed by the High Court unless they are based on no evidence or are perverse, affirming the authority of the disciplinary body in determining misconduct (!) .
The High Court's intervention was found to be inappropriate because the enquiry was conducted properly, and the findings were supported by evidence; thus, the court should not interfere with the disciplinary process unless there is a clear lack of evidence or perversity (!) .
The scope of judicial review under Article 226 of the Constitution is limited to ensuring that the enquiry was held by a competent authority, according to the prescribed procedure, and that natural justice was not violated. The courts do not act as appellate bodies re-evaluating evidence (!) .
Natural justice principles are flexible and depend on the context. A violation such as no notice or no hearing is a fundamental defect, but procedural irregularities that do not cause prejudice may not warrant interference. The adequacy of a hearing is judged by whether it was fair and full (!) (!) .
The disciplinary authority's findings, if based on some evidence and accepted, do not require detailed reasoning when imposing punishment; the order should reflect that the authority considered the evidence and the enquiry report (!) .
The reappraisal of facts and evidence by the High Court is permissible only when there is a greater than ordinary infirmity in the order, such as a total lack of evidence or perversity. Mere disagreement with the findings does not justify interference (!) (!) .
The order of removal, when based on evidence that was not challenged or disputed by the respondent, cannot be deemed to be based on ‘no evidence’. The disciplinary process was found to be fair, and the order was supported by the record (!) .
The court noted that the respondent's representations and opportunity for hearing were considered, and the order of punishment was not arbitrary or perversely disproportionate. Minor procedural deficiencies that did not cause prejudice do not warrant setting aside the order (!) (!) .
The original removal order was upheld, and the court found that the impugned judgments, which had quashed the removal on grounds of natural justice violations, were unsustainable. The court restored the disciplinary order, with a concession not to recover payments already made to the respondent due to his age and retirement status (!) .
Overall, the court reaffirmed that the authority of the disciplinary body should be respected unless there is a clear violation of principles of natural justice or absence of evidence, and that courts should exercise restraint in re-evaluating factual findings in disciplinary proceedings (!) (!) .
Please let me know if you need a more detailed analysis or specific legal advice based on these points.
JUDGMENT :
AHSANUDDIN AMANULLAH, J.
1. Heard learned counsel for the parties.
2. Leave granted.
3. The present appeals are directed against the common Final Judgment and Order dated 28.01.2021 (hereinafter referred to as the “Impugned Judgment”) passed by the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench (hereinafter referred to as the “High Court”) by which D.B. Special Appeal Writs No. 1695/2008, 14/2009, 15/2009 and 65/2009 were dismissed.
BRIEF FACTUAL OVERVIEW:
4. The sole respondent was appointed as Inspector (Executive) in the year 1960 and later appointed as Assistant Registrar on 05.04.1973 on selection by the Rajasthan Public Service Commission (hereinafter referred to as the “RPSC”). On 29.04.1976, the respondent granted permission for construction of godown of Sadulshahar Jamidara Co-operative Marketing Society Ltd. despite the Registrar having issued a direction to consult the Public Works Department to obtain a technical opinion. The respondent, further, appointed two persons on 04.01.1977, despite order to get the permission from the Registrar. On 06.05.1977, the respondent was reverted to the post of Inspector and also directed to handover cha
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