STATE OF MADHYA PRADESH Vs. SHYAMSUNDER SHIVNARAYAN

JUDGEMENT

(1.) THE defendant/State has come up in appeal feeling aggrieved by the judgment and decree of the lower appellate court partly decreeing the plaintiff/respondent's claim in reversal of the decree of the trial court which had dismissed the suit in its entirety.

(2.) VIDE order dated 23 -4 -1986 this Court admitted the appeal for hearing parties on the following two substantial questions of law:

(3.) THE jurisdiction of the Civil Court in regard to the challenge thrown to the findings recorded in the departmental enquiry proceedings is a limited one and by now its scope stands well settled by several pronouncements of the Supreme Court and different High Courts. The Civil Court would not sit in judgment as a court of appeal on the findings arrived at and the penalty imposed in the domestic enquiry. The grounds on which the Civil Court may interfere are lack of jurisdiction, absence of good faith, breach of statutory provisions and disregard of the principles of natural justice.