NARAYAN MISHRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition has been made on behalf of the employee under C.I.S.F. challenging the order of dismissal made by the concerned authority. The allegation of the petitioner is that the writ petitioner overstayed leave under some compelling circumstances which was not at all considered by the authority concerned by saying that his explanation was not satisfactory completely ignoring the materials before it. Accordingly, the writ petitioner was dismissed from service.

(2.) The respondents contended by citing a judgment reported in 1995 (6) SCC 756 : (1996 Lab IC 462) (Union of India Vs. B.C. Chaturvedi) that there is no scope for judicial review in the decision-making process made by the disciplinary authority or the appellate authority based on some evidence.

(3.) Each case has its own factual basis. The case, as cited by Mr. Chakravorty is in respect of an income-tax officer against whom, C.B.I. proceeded on a charge of assets disproportionate to his known source of income but even released for departmental enquiry. In the departmental enquiry he was dismissed from service but even in appeal, order of dismissal was converted into compulsory retirement even then prayed for judicial review and the same was refused.