9911796707
TMI Blog2014 (12) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... y report and having accepted it, after discussing the available and admissible evidence on the charge, and the Central Administrative Tribunal having endorsed the view of the disciplinary authority, it was not at all open to the High Court to re-appreciate the evidence in exercise of its jurisdiction under Article 226/227 of the Constitution of India. It was not open to the High Court, in exercise of its jurisdiction under Article 226/227 of the Constitution of India, to go into the proportionality of punishment so long as the punishment does not shock the conscience of the court - the disciplinary authority has come to the conclusion that the respondent lacked integrity - that view has been endorsed by the Central Administrative Tribunal also - Thereafter, it is not open to the High Court to go into the proportionality of punishment or substitute the same with a lesser or different punishment - the finding on Charge no. I has attained finality - It is the punishment of dismissal on Charge no. I which was directed to be reconsidered by the Central Administrative Tribunal and which view was endorsed by the High Court - on that basis only, the dismissal was converted to compulsory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of Rule 3(1)(i), 3(1)(ii), 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964. ARTICLE-II That the said Shri P. Gunasekaran, being a ministerial Officer impersonated himself as a Central Excise Executive Officer and on 23.11.1992 about 2.30 p.m. unauthorizedly conducted passenger checks in a public transport bus at Ukkadam Bus Stand, by usurping the powers of Executive Officer and thereby committed gross misconduct and failed to maintain absolute integrity and devotion to duty and behaved in a manner unbecoming of a Government servant in contravention of the provisions of Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964. ARTICLE-III That the said Shri P. Gunasekaran, on 23.11.1992 at about 2.30 P.M., abused his position unauthorisedly conducted passenger check, by usurping the powers of Executive Officer, threatened a passenger bound for Kerala and thereby committed gross misconduct and failed to maintain absolute integrity and devotion to duty and behaved in a manner unbecoming of a Government servant in contravention of the provisions of Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964. 4. In the disciplinary inquiry, all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to the criminal case, it was held at paragraph-6 as follows: 6. ... Charge No. 1 relates to the unauthorized absence of the respondent from the office. The tribunal was of the view that dismissal from service was not warranted for the said charge. We do not think that the view taken by the Tribunal either unreasonable or irrational which could be interfered with by this court under Article 226 and 227 of the Constitution of India. ... 7. The disciplinary authority, accordingly, passed order dated 28.02.2000 which reads as follows: Whereas on consideration of the facts and records of the case with regard to Article-I of the disciplinary proceedings against Shri P. Gunasekaran and the observation made in Hon'ble Tribunal's order, the undersigned is satisfied that good and sufficient reason exists for imposing upon him the penalty herein after specified, in modification of penalty of 'dismissal from service' ordered vide C.No.II/10A/92-Vig. Dated 10.6.97. Now, therefore, I order under clause (vii) of Rule 11 of Central Civil Services (CCA) Rules, 1965 that Shri P. Gunasekaran, dismissed as Deputy Office Superintendent, is compulsorily retired from the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el appearing for the petitioner while modifying the order, the respondents should have fixed the date of compulsory retirement from the date of issue of the order, instead of fixing the compulsory retirement from the date of order of dismissal. Further, after going through the contents of the letter, it seems the petitioner has not admitted the charge. Therefore, as rightly contended by the learned Senior Counsel appearing for the petitioner except the letter of the petitioner, there is no other evidence and whatever evidence is required with regard to charges 2 and 3, which were framed on the basis of the registration of the criminal case against the petitioner, which ultimately ended in acquittal, the punishment imposed on the basis of the above said criminal case has to go. Therefore, the disciplinary authority has not properly understood the order passed by the tribunal to reconsider the punishment as per the charge memo. The enquiry officer's report is not based on any evidence except based on the letter by the petitioner, which the petitioner has not admitted of the charges. The petitioner was acquitted from the charges 2 and 3. Therefore, the only charge, which we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he finding of fact is based on no evidence. Under Article 226/227 of the Constitution of India, the High Court shall not: (i). re-appreciate the evidence; (ii). interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law; (iii). go into the adequacy of the evidence; (iv). go into the reliability of the evidence; (v). interfere, if there be some legal evidence on which findings can be based. (vi). correct the error of fact however grave it may appear to be; (vii). go into the proportionality of punishment unless it shocks its conscience. 14. In one of the earliest decisions in State of Andhra Pradesh and others v. S. Sree Rama Rao1,many of the above principles have been discussed and it has been concluded thus: 1 AIR 1963 SC 1723 7.... The High Court is not constituted in a proceeding under Article 226 of the Constitution a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant: it is concerned to determine whether the enquiry is held by an authority competent in that behalf, and according to the procedure prescribed in that behalf, and whether the rules of natura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the authorities holding a departmental enquiry against a public servant. The Court is concerned to determine whether the enquiry is held by an authority competent in that behalf and according to the procedure prescribed in that behalf, and whether the rules of natural justice are not violated. Second, where there is some evidence which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court to review the evidence and to arrive at an independent finding on the evidence. The High Court may interfere where the departmental authorities have held the proceedings against the delinquent in a manner inconsistent with the rules of natural justice or in violation of the statutory rules prescribing the mode of enquiry or where the authorities have disabled themselves from reaching a fair decision by some considerations extraneous to the evidence and the merits of the case or by allowing themselves to be influenced by irrelevant considerations or where the conclusion on the very face of it is so wholly arbitrary and 2 (1975) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the impugned finding. Again if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. A finding of fact recorded by the Tribunal cannot be challenged on the ground that the relevant and material evidence adduced before the Tribunal is insufficient or inadequate to sustain a finding. The adequacy or sufficiency of evidence led on a point and the inference of fact to be drawn from the said finding are within the exclusive jurisdiction of the Tribunal. See Syed Yakoob v. K.S. Radhakrishnan . 24. The High Court in the present case assessed the entire evidence and came to its own conclusion. The High Court was not justified to do so. Apart from the aspect that the High Court does not correct a finding of fact on the ground that the evidence is not sufficient or adequate, the evidence in the present case which was considered by the Tribunal cannot be scanned by the High Court to justify the conclusion that there is no evidence which would justify the finding of the Tribunal that the respondent did not make the journey. The Tribunal gave reasons for its conclusions. It is not possible for the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry. Nor did he produce any defence witness during the inquiry to support his claims including that on 23.11.92 he left the office on permission. There is nothing to indicate that he was handicapped in producing his defence witness. ... 18. The disciplinary authority, on scanning the inquiry report and having accepted it, after discussing the available and admissible evidence on the charge, and the Central Administrative Tribunal having endorsed the view of the disciplinary authority, it was not at all open to the High Court to re-appreciate the evidence in exercise of its jurisdiction under Article 226/227 of the Constitution of India. 19. Equally, it was not open to the High Court, in exercise of its jurisdiction under Article 226/227 of the Constitution of India, to go into the proportionality of punishment so long as the punishment does not shock the conscience of the court. In the instant case, the disciplinary authority has come to the conclusion that the respondent lacked integrity. No doubt, there are no measurable standards as to what is integrity in service jurisprudence but certainly there are indicators for such assessment. Integrity according to Oxford diction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tained finality. It is the punishment of dismissal on Charge no. I which was directed to be reconsidered by the Central Administrative Tribunal and which view was endorsed by the High Court. On that basis only, the dismissal was converted to compulsory retirement. Such findings cannot be reopened in the subsequent round of litigation at the instance of the respondent. It was only the punishment aspect that was opened to challenge. 24. The Central Administrative Tribunal, in the order dated 01.02.2001 in O.A. No. 521 of 2000, after elaborately discussing the factual as well as the legal position, has come to the conclusion that the punishment of compulsory retirement is not outrageous or shocking to its conscience, it was not open to the High Court to interfere with the disciplinary proceedings from stage one and direct reinstatement of the respondent with back wages. 25. The last contention is with regard to date of effect of the punishment. According to the respondent, even assuming that compulsory retirement is to be imposed, it could be only with effect from the date of order, viz., 28.02.2000. We are unable to appreciate the contention. The respondent stood dismissed from ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
