SATYA PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Garg, J. The present writ peti tion, under Article 226 of the Constitution of India is directed against the order of removal dated 30-4-1993 passed by the Regional General Manager, U. R State Road Transport Corporation Azamgarh, respondent No. 2 and the order dated 27-6-1994 passed by the Regional General Manager, U. P. S. R. T. C, Varanasi respon dent No. 3 dismissing the appeal against the order of removal preferred by the petitioner.

(2.) COUNTER and rejoinder affidavits have been filed. Heard Sri Satya Prakash learned Counsel for the petitioner and Sri V. M. Sahai, learned Counsel for the respondent Nos. 2 and 3.

(3.) AFTER having heard learned Coun sel for the parties and taking into con sideration the material available on record, I find that an elaborate enquiry was conducted against the petitioner by a per son who was quite independent. The in quiry officer was not an officer of the department. He was a retired gazetted Government servant. He was detailed for the said purpose. The enquiry was con ducted in conformity with the provisions prescribed by law. As it is, there is no scope to challenge the validity or otherwise of the enquiry proceedings. Moreover, it may be observed that this court exercising the writ jurisdiction, cannot sit as an appellate Court over the order of removal or the order passed by appellate authority. The sufficiency of evidence in proof of the find ing by a domestic Tribunal is beyond the scrutiny. Likewise the re-evaluation or reappraisal of evidence led at the stage of enquiry before the domestic Tribunal can not take place before this Court. There is no justification to interfere with the find ing of the inquiry officer as well as the disciplinary authority that the petitioner was guilty of the charges framed against him. The finding of the enquiry officer as well as disciplinary authority cannot be overturned by this Court.