NAVNEET MADAAN Vs. UOI

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner impugns the orders passed by the departmental authorities; of the disciplinary authority dated 27.3.1998 and appellate authority dated 8.3.1999; whereby petitioner has been imposed the punishment of compulsory retirement.

(2.) Before adverting to the arguments addressed on behalf of the petitioner it is necessary to state that a scope of hearing in a petition under Article 226 of the Constitution of India challenging the orders passed by the departmental authorities is limited. This Court does not sit as an Appellate Court to reappraise the findings and conclusions of the departmental authorities. This Court can only interfere if the findings/conclusions are perverse or are against the principles of natural justice or violative of the rules of the employer organization/law.

(3.) The aforesaid position of law becomes further accentuated where the charge-sheeted employee, like in the present case, does not file any statement of defence or lead his evidence. In such cases which are effectively a case of an ex-parte judgment, it is only in very grave and exceptional circumstances that the orders passed by the departmental authorities are set aside.