SHIV RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order No. SFC/(1)(B)14)-18/2001/6291, dated 9.6.2005, passed by Managing Director H.P. State Forest Corporation Limited, Shimla (Respondent No.2), whereby statutory appeal having been filed by the petitioner, laying therein challenge to Office order No.14/2004-05, dated 21.06.2004, passed by respondent No.3, Director (South) H.P. State Forest Corporation Limited, Shimla, awarding therein penalty of stoppage of two future increments with cumulative effect against the petitioner, came to be rejected, petitioner approached Erstwhile Himachal Pradesh Administrative Tribunal by way of Original Application No.378 of 2006, praying therein following reliefs:-

(2.) Before ascertaining the correctness of the submissions made by learned counsel representing the parties vis-a-vis orders impugned in the instant proceedings, this Court at first instance deems it necessary to go into the question of scope of judicial review as far as departmental proceedings are concerned. It is well settled by now that writ Courts should be loath to interfere with the findings of fact recorded by the departmental authority, but same time it is also settled by now that if findings recorded by the Enquiry Officer are not supported by any evidence or are such as no reasonable person would arrive at, writ court is justified to examine the matter. Similarly, if writ court having heard parties and perused record arrives at a conclusion that there is violation of principles of natural justice, even in that eventuality, it can interfere with Disciplinary enquiry or resultant orders. Besides above, if it comes to the notice of writ court that authority while passing order has not applied its mind; or has not assigned reasons while drawing its conclusion, it can interfere with the orders of punishment.

(3.) In this regard, reliance is placed upon the judgment rendered by Hon'ble Apex Court in Allahabad Bank and others vs. Krishna Narayan Tewari, 2017 2 SCC 308, wherein it has been held as under:-