LAWS(P&H)-2015-8-705

H S DHILLON Vs. BSNL AND OTHERS

Decided On August 25, 2015
H S Dhillon Appellant
V/S
Bsnl And Others Respondents

JUDGEMENT

(1.) The writ petitioner aggrieved by the dismissal of his original application filed before the Central Administrative Tribunal, Chandigarh Bench (for short 'the Tribunal') praying for quashing the charge-sheet, the enquiry report and the penalty imposed on him by the appointing Authority, has preferred the present writ petition.

(2.) Heard the submissions made by learned counsel appearing for the writ petitioner.

(3.) The scope of judicial review of the disciplinary proceedings initiated by the appointing Authority against its employee is very limited. While exercising power of judicial review, the Court shall not appreciate the evidence as an appellate Authority. It is a well settled proposition of law that judicial review is limited to the process of making the decision and not as regards the decision taken by the Authorities. Even as regards the quantum of punishment imposed on the delinquent, the Court should be reluctant to interfere with the wisdom of the appointing Authority. Only in a rare case where the penalty imposed on the delinquent is found grossly disproportionate to the misconduct alleged against the delinquent or the quantum of penalty imposed on the delinquent shakes the conscience of the Court, interference by the Court during the course of judicial review is warranted.