SC:Courts not to reappreciate evidence accepted in departmental enquiries

The Hon’ble Supreme Court, on 14th February 2020, in the matter of The State of Karnataka & Anr. v. N. Gangaraj observed that once evidence has been accepted by the departmental authority, in exercise of power of judicial review, an Administrative Tribunal or High Court cannot interfere with the findings of facts recorded by reappreciating evidence as if the Courts are the Appellate Authority.

The Hon’ble Supreme Court observed that:

The power of judicial review of a final order in a departmental enquiry is confined to the decision-making process. The power of judicial review conferred on the constitutional court or on the Tribunal is not that of an appellate authority. (This inference has been drawn on the basis of Para 7)

Once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, an Administrative Tribunal or High Court cannot interfere with the findings of facts recorded by reappreciating evidence as if the Courts are the Appellate Authority. (Para 15)

Copy of judgement: Judgement_14th-Feb-2020

-Adv. Tushar Kaushik

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