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1 - 5 of 5 (0.21 seconds)Union Of India & Ors vs B.V.Gopinath on 5 September, 2013
(i) Union of India & Ors Vs. B.V.Gopinath (Supreme court of India
~C.A.No.7761/2013 dated 05.09.2013
Tea Board And Anr. vs Rasamoy Roy And Ors. on 16 October, 2007
(ii) Tea Board and Ors. Vs. Rasamoy Roy and Others (High court of
Calcutta} MANU/WB/0379/2007
State Of T.N vs T.V. Venugopalan on 3 August, 1994
It is settled law that the Tribunal has only power of judicial reviewof the
administrative action of the appellant on complaints relating to service conditions
of employees. It is the exclusive domain of the disciplinary authority to consider
the evidence on record and to record findings whether the charge has been proved
or not. It is equally settled law that technical rules of evidence has no application
for the disciplinary proceedings and the authority is to consider the material on
record. In judicial review, it is settled Jaw that the Court or the Tribunal has no
power to trench on the jurisdiction to appreciate the evidence and to arrive at its
own conclusion. Judicial review is not an appeal from a decision but a review of
the manner in which the decision is made. It is meant to ensure that the delinquent
receives fair treatment and not to ensure that the conclusion which the authority
reaches is necessarily correct in the view of the court or tribunal, When the
conclusion reached by the authority is based on evidence, Tribunal is devoid of
power to re-appreciale the evidence and would come to. its own conclusion on the
proof of the charge. The only consideration the Court/Tribunal has in
its judicial review is to consider whether the conclusion is based on evidence on
record and supports the finding or whether the conclusion is based. on no
evidence. This is consistent view of this Court vide B.C. Chaturvedi vs. Union of
India [JT 1995 {8} SC 65], State of Tamil Nadu vs. T.V. Venugopalan [(1994) 6
SCC 302 para 7), Union of India vs. Upendra Singh [(1994) 3 SCC 357 at para
6], Government of Tamil Nadu & Ant.
Union Of India vs S.B. Mishra on 14 August, 1995
vs. A. Rajapandian [(1995) 1 SCC 216 para
4] and Union of India vs. B.S. Chaturvedi [(1995) 6 SCC 749 at 759-60].
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