UNION OF INDIA Vs. SUKHBIR SINGH BAIS

JUDGEMENT

(1.) By preferring this writ appeal under section 2 of Madhya Pradesh High Court (Appeal to Division Bench) Act, 2005, the appellant Union of India (Central Industrial Security Force CIFS) challenged the order dated 10.7.2007 passed by learned Single Judge in Writ Petition No. 593/2002 (S) (Sukhbir Singh Bais vs. Union of India and others).

(2.) Brief facts necessary for adjudication of this appeal are as under:-

(3.) Shri Ankur Mody, learned Asstt. Solicitor General submits that the order of learned Single Judge is liable to be interfered with. He submits that the writ court is not obliged to act as an appellate court in the case of domestic enquiries. He submits that the appreciation of evidence is beyond the scope of judicial review. He submits that only in cases of "no evidence" interference can be made but in the present case a sizable number of prosecution witnesses entered the witness box, deposed their statements in specific against the respondent which establishes the misconduct committed by the respondent and, therefore, there was no scope for interference by the writ court. He submits that the writ court has virtually reappreciated the evidence, which was totally impermissible. Learned counsel submits that it cannot be lost sight that the respondent was an employee of an Armed Force and a disciplined force. A higher degree of discipline is expected from the members of the Force. He submits that there is no procedural irregularity or impropriety in the disciplinary proceedings and allegations are very serious in nature, therefore, there was no scope for interference by the writ court. He cited certain judgments to state the punishment imposed was commensurate to the misconduct and cannot be said to be extremely disproportionate.