UNION OF INDIA Vs. S.C. JAIN

JUDGEMENT

(1.) THE question for our consideration is the scope and extent of judicial review available to the Central Administrative Tribunal in respect of the findings recorded in a departmental enquiry. On the facts of the case before us, we are of the opinion that the Tribunal exceeded its jurisdiction in setting aside the report of the enquiry officer and the view taken by the concerned disciplinary authority.

(2.) AT the relevant time, the Respondent (Mr. S.C. Jain) was working as an Assistant Director of Inspection (Intelligence) in the office of the Commissioner of Income Tax, Meerut. In that capacity, he arranged a search operation, sometime in 1982, on the premises owned by one Mansa Ram. The operation disclosed concealment of income and non -payment of taxes thereon by Mansa Ram.

(3.) A preliminary enquiry was held into the allegations made and on 10th January, 1985 Mr. Jain was issued a charge sheet containing the following allegation: