Union Of India & Ors vs P.Gunasekaran on 3 November, 2014
A. In this regard, for ease of convenience, relevant extract of the
judgment of Hon'ble Supreme Court in the case of Union of
India & Ors. vs. P. Gunasekaran reported in (2015) 2 SCC
610, in para nos. 12, 13, 16 & 17 are cited below:
"12. Despite the well-settled position, it is painfully disturbing
to note that the High Court has acted as an appellate authority
in the disciplinary proceedings, reappreciating even the
evidence before the enquiry officer. The finding on Charge I
was accepted by the disciplinary authority and was also
endorsed by the Central Administrative Tribunal. In
disciplinary proceedings, the High Court is not and cannot act
as a second court of first appeal. The High Court, in exercise
of its powers under Articles 226/227 of the Constitution of
India, shall not venture into reappreciation of the evidence.