UNION OF INDIA Vs. V C SAXENA

JUDGEMENT

(1.) C .M. Appl. No. 16649/2014 (Exemption) Exemption allowed subject to just exceptions.

(2.) MR . J.K. Singh, the learned counsel for the petitioner submits that the finding recorded by the Enquiry Officer as well as the order passed by the disciplinary authority, Appellate authority and Revisional authority are well reasoned orders and the same do not warrant any judicial interference. The learned counsel for the petitioners also argued that the learned Tribunal has wrongly held that there was a violation of para 704 and 705 of the Indian Railway Vigilance Manual (hereinafter referred to as "IRVM") on the part of the petitioners and even if the same be so, the instructions being administrative in nature, had no binding effect. The learned counsel for the petitioner also argued that as per the settled legal principles the learned Tribunal or the Courts cannot interfere with the findings of the Enquiry Officer where the findings are not arbitrary or utterly perverse. The learned counsel for the petitioner also argued that even apropos the punishment, the matter exclusively rests with the jurisdiction of the Competent Authority and once the penalty has been lawfully imposed on the proven misconduct of the delinquent employee, then the learned Tribunal or the Courts would not substitute it with its own view or discretion over that of the authority unless the penalty imposed is shockingly disproportionate or in a case where the conclusion of the Enquiry Officer are based on no evidence.

(3.) WE have heard the learned counsel for the petitioner and gone through the contents of the present writ petition.