SHOVENDRA JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Assistant Solicitor General for the Union of India.

(2.) The Writ Application of the appellant was considered by the learned Single Judge in detail and he refused to interfere with the order of punishment of withholding one increment for a period of three years and non-payment of salary for the period of suspension. The Writ Application was dismissed because no infirmity was found by the learned Single Judge either in the process or the procedure adopted in the departmental proceedings and since the finding with regard to Charge No. 3 was against the petitioner, the punishment in question came to be imposed.

(3.) This bench is also in agreement with the view taken by the learned Single Judge that once the process of enquiry has been followed and finding of fact has been recorded, it is not open for a court of law under 226 of the Constitution of India to sit in judicial review and reappraise the evidence to come to a conclusion.