PARAMESH BHATTACHAJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. AM Lodh, learned senior counsel assisted by Mr. A. Lodh, learned Advocate for the appellants. Also heard Mr. A. Ghosh, learned State counsel appearing for the State-respondents.

(2.) This writ appeal has been carried from the judgment and order dated 25.7.1997 passed by the learned Single Judge in Civil Rule No. 10 of 1991 by which the writ petition filed by the five writ petitioners, viz (1) Shri Paramesh Bhattacharjee, (2) Shri Utpal Debbarma, (3) Shri Gauranga Deb, (4) Shri Himanshu Sarkar and (5) Shri Gopal Chandra Dey was dismissed holding that there was no scope to interfere with the finding of the departmental authority under the writ jurisdiction. The instant appeal has been preferred only by 3 (three) appellants, namely, Shri Paramesh Bhattacharjee, Shri Gauranga Deb and Shri Gopal Chandra Dey.

(3.) It is settled law that the finding of the departmental proceedings need not be interfered with by a writ Court in exercise of its power of judicial review unless the same suffers from perversity primarily based on no evidence, violation of principles of natural justice and/or contrary to the provisions of statutory law and the Constitution. It is accepted that in the departmental proceeding, if there is some evidence which can reasonably support the conclusion of the disciplinary authority, writ Court exercises restraints to interfere with such finding. The case in hand, on perusal of the materials available on record as well as the impugned judgment, does not warrant any intervention of this Court inasmuch as it appears that basically no perversity nor any violation of natural justice has been noticed in the findings of the departmental authority as well as the departmental appellate authority.