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TMI Blog1981 (1) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... n P.S.G. College of Technology, Coimbatore, was subjected to a departmental enquiry for dereliction of duty and irresponsible conduct by the Principal and the two charges levelled against him were (1) on February 18, 1976 he did not allow one batch of students of III-B Technology Class to complete their laboratory experiments in the test that was being held from 1.45 p.m. to 4.30 p.m. and further that he left the college before 4.30 p.m. without collecting the answer books of the students who had carried out their laboratory experiments in that test and without signing the attendance register, and (2) he failed to conduct the laboratory class for III-B Technology students which was to be held on February 25, 1976. On March 3, 1976, the appellant submitted his explanation refuting the charges framed against him and prayed that an oral enquiry be held. The Principal accordingly appointed an enquiry officer who was to commence the enquiry on March 13, 1976, but at his request it had to be adjourned to 9.0 a.m. on March 19, 1976. On March 19, 1976 at 8.30 a.m., i.e., just as the departmental enquiry was to commence, the appellant accompanied by the Principal of the College came to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to such authority or officer as may be prescribed....... The Government directed the Addl. Director of Technical Education to hold an enquiry into the allegations made by the appellant that his letter of resignation was not voluntary but had been obtained by the respondent by coercion. It appears that the Addl. Director, Technical Education held an enquiry and afforded the parties an opportunity to lead their evidence and ultimately submitted a report holding that the allegations made by the appellant were baseless. The Government, however, by their order dated December 20, 1978 did not accept the report of the Addl. Director of Technical Education and held that the letter of resignation submitted by the appellant was not voluntary. The Government, accordingly, allowed the appeal and directed the reinstatement of the appellant with immediate effect. The respondent challenged the impugned order of the Government by a writ petition. The High Court has by its judgment under appeal quashed the order of the Government. There is no manner of doubt that the circumstances attendant upon the submission of the letter of resignation and the letter of apology on March 19, 1976 are so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon by the Government for reaching the conclusion that the letter of resignation was not voluntary and not accepting the report of the enquiry officer. It observes that 'though Prof. Shanmughasundaram, Head of the Department, had been examined during the enquiry, there was no specific question put to him during his cross-examination that the two letters had been typed by him.' It further observes that 'there was absolutely no evidence at all as to who typed the letters in question and on whose typewriter they were got typed'. It observes that 'the Government was also aware of the lack of evidence on this aspect of the case and it was for this reason they have not made any specific averment in the counter affidavit. They merely say the letters seem to have been typed by the management themselves. This appears to be a mere conjecture and a finding based on such a conjecture cannot at all be supported as based on any acceptable evidence'. It then proceeds to refute the suggestion of the Government that the corrections made in the two letters were in the handwriting of the Advocate appearing for the management, and goes on to say that 'the Government once ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vested in them, or there is an error apparent on the face of the record and such act, omission, error or excess has resulted in manifest injustice. It was rightly observed in Basappa's case that a writ of certiorari will not issue as a cloak of an appeal in disguise. It does not lie to bring up an order or decision for re-hearing. It exists to correct error of law when revealed on the face of an order or decision or irregularity or absence of or excess of jurisdiction when shown. It is clear beyond doubt that the High Court had transgressed its jurisdiction under Art. 226 of the Constitution by entering upon the merits of the controversy by embarking upon an enquiry into the facts as to whether or not the letter of resignation submitted by the appellant was voluntary. The question at issue as to whether the resignation was voluntary was a matter of inference to be drawn from other facts. The question involved was essentially one of fact. It cannot be questioned that the Government undoubtedly had the jurisdiction to draw its own conclusions upon the material before it. In the view that we take of the case, the submission of the learned counsel for the appellant based on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resting its decision on merits, should have directed the Government to re-hear the appeal under s.20 of the Act. It is submitted that there was a duty cast on the Government to hear the respondent since the Addl. Director of Technical Education had on the basis of the evidence adduced, come to a definitive finding that the letter of resignation submitted by the appellant was voluntary, before it came to a contrary conclusion. The contention has considerable force. It is needless to stress that ordinarily the Government must, in all such cases, as a matter of course, give the parties the opportunity of making their representations before taking a decision. In our judgment it would however, really serve no useful purpose in remitting the appeal in this particular case to the Government for a re-hearing. It is not seriously disputed before us that the charges levelled against the appellant were not of such a nature as would merit his dismissal from service. On the contrary, it can easily be visualised that even if the appeal were sent back to the Government, it would either exonerate the appellant or may let him off with a minor penalty. The better course would be to restore the o ..... 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