1000 TIT BITS ON DISCIPLINE -71
250. Scope of Judicial Review
(i) "In fact the only scope in such cases is to examine the manner in which the departmental enquiry is conducted".
[Surender Kumar v. Union of India, C. A. No, 3811 of.2005 decided by Supreme Court on 21.10.2009]
250. Scope of Judicial Review
(i) "In fact the only scope in such cases is to examine the manner in which the departmental enquiry is conducted".
[Surender Kumar v. Union of India, C. A. No, 3811 of.2005 decided by Supreme Court on 21.10.2009]
(ii ) That the case is not of 'no evidence' [Union of India v. H.C. Goel, AIR 1964 SC 364); and
(iii) the punishment awarded is not grossly disproportionate.
251. The Supreme Court observed "The assessment of evidence in a domestic enquiry is not required to be made by applying the same yardstick as a Civil Court could do when a Lis is brought before it. The Indian Evidence Act, 1872 (in short the 'Evidence Act') is not applicable to the proceeding in a domestic enquiry so far as the domestic enquiries are concerned, though principles of fairness are to apply. It is also fairly well settled that in a domestic enquiry guilt may not be established beyond reasonable doubt and the proof of misconduct would be sufficient. In a domestic enquiry all materials which are logically probative including hearsay evidence can be acted upon provided it has a reasonable nexus and credibility."
252. The implication of non-applicability of Evidence Act is that even the evidence which is not admissible under the Evidence Act can be relied upon in a departmental inquiry if it is relevant to the charge. For instance, a confessional statement made before police is not admissible under Evidence Act but it can be relied upon in a departmental inquiry [Kuldeep Singh v. State of Punjab, 1996 AIR SCW 4234].
253. However, though the Indian Evidence Act is not, in terms, applicable to the departmental inquires, still situations may arise during the course of inquiry where no guidelines have been laid down anywhere else. Let us take, for instance, the process of cross-examination in the course of examination of witnesses. Except in the Indian Evidence Act (Sec. 136 et seq.) guidance is not available in any other rule or circular/order. In such situations, the Indian Evidence Act may be looked into for guidance.
It implies that the administrative and quasi-judicial bodies are bound to act judicially, impartially and in accordance with the rule of law.
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