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Jagdishwarnath ... vs Vidyabharti Trust on 26 August, 2022 cites

A. N. D'Silva vs Union Of India on 6 December, 1961

14. The petitioner has not challenged the independent finding arrived at by the respondent No.1-School Management which is confirmed by the Tribunal on merits, but the endeavor made on behalf of the petitioner is only to canvass the proposition that majority finding arrived at by Page 69 of 77 Downloaded on : Mon Aug 29 21:24:12 IST 2022 C/SCA/26656/2006 CAV JUDGMENT DATED: 26/08/2022 the Inquiry Committee is binding upon the respondent No.1-School Management. Such contention is very attractive at the first blush but in view of the decision of the Supreme Court in case of Shashikant S. Patil and Another (Supra) wherein, the Apex Court after considering the decision of A.N.D'Silva v. Union of India9 held that neither findings of the Inquiry Officer nor his recommendations are binding on the punishing authority. It is for the Disciplinary Authority i.e., respondent No.1-School Management to agree with the report or may differ either wholly or partially from the conclusions recorded in the report. As there are two opinions rendered by the members of the Inquiry Committee, one by two members exonerating the petitioner from all charges and one by single member holding the petitioner guilty of all charges who is representative of the respondent No.1-School Management, the respondent No.1-School Management 9 AIR 1962 SC 1130 Page 70 of 77 Downloaded on : Mon Aug 29 21:24:12 IST 2022 C/SCA/26656/2006 CAV JUDGMENT DATED: 26/08/2022 has right to disagree with the findings given by the two members of the Committee after independent analysis of the evidence on record and holding that the charges framed against the petitioner are proved and after providing an opportunity of hearing to the petitioner on such findings, order of dismissal was passed.
Supreme Court of India Cites 5 - Cited by 93 - J C Shah - Full Document

Union Of India Ministry Of Defence ... vs Wg. Cdr. Subrata Das(19942H) on 29 January, 2019

Therefore, this Court cannot re-appreciate the evidence or weighing the same as an appellate authority and so long as there is some evidence to support the conclusion arrived at by the Departmental Authority, the same is rightly sustained by the Tribunal. The Hon'ble Supreme Court in case of Union of India v. H.C. Gael10 10 AIR (1964) SC 364 Page 73 of 77 Downloaded on : Mon Aug 29 21:24:12 IST 2022 C/SCA/26656/2006 CAV JUDGMENT DATED: 26/08/2022 has held that the "High Court can and must inquire whether there is any evidence at all in support of the impugned conclusion. In other words, with the whole of the evidence led in the inquiry is accepted as true, does the conclusion follow that the charge in question is proved against the respondent? This approach will avoid weighing the evidence. It will take the evidence at it stands and only examine whether on that evidence legally the impugned conclusion follows or not." Applying the same test, it is not in dispute that there is an evidence in support of the independent conclusion arrived at by the respondent No.1-School Management that the charges in question are proved against the petitioner on analysis of the legal evidence adduced before the Inquiry Committee and accordingly, the decision of the respondent No.1- School Management to dismiss the petitioner as Principal of the School is legally based on such evidence.
Supreme Court of India Cites 21 - Cited by 9 - Full Document
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