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State of Rajasthan vs Bhupendra Singh

Not available · 2024 INSC 592Decided 8 Aug 2024
Not available
Justice Hima Kohli · Justice Ahsanuddin Amanullah

Background

The respondent, a cooperative societies officer, faced a lengthy disciplinary history from the late 1970s onward involving alleged financial irregularities, unauthorized appointments, and refusal to hand over charge when transferred or reverted. After a departmental enquiry found several charges proved, he was removed from service in 1993. Decades of litigation followed, and eventually the Rajasthan High Court's Single Judge and Division Bench quashed the removal, holding the enquiry findings were unsupported by evidence and vitiated by lack of reasoning.

Decision Breakdown

The Supreme Court held that the High Court had exceeded its supervisory jurisdiction under Article 226 by re-appreciating the evidence like an appellate court, contrary to settled law that a writ court cannot reassess the adequacy of evidence in a departmental enquiry. It found the removal order was reasoned, based on documented irregularities that the employee never disproved, and that he had been given fair notice and opportunity to respond. The Court restored the 1993 removal order but, given the respondent's advanced age and retirement, directed that any payments already made to him not be recovered.

Lesson Learnt

Courts reviewing departmental enquiries under writ jurisdiction cannot act as a court of appeal and reweigh evidence; interference is justified only where there is no evidence at all or a genuine breach of natural justice, not merely because another view was possible.

Official source (sci.gov.in)View Judgment (PDF)

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