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1 - 3 of 3 (0.17 seconds)B.C. Chaturvedi vs Union Of India And Ors on 1 November, 1995
10.1. In the present case, by assigning cogent reason, the Disciplinary
Authority had recorded its finding that charges levelled against the
applicant stands proved. Suffice to state that in absence of any
contrary material brought on record during the inquiry / proceeding it
cannot be said that the finding recorded by the DA is perverse or
18 O.A. 350/00285/2020
based on no evidence. On the contrary, it emerges from the record that
by examining the material on record, the Disciplinary Authority
recorded that the charges levelled against the applicant stands proved
and considering the seriousness and gravity of the said proved
charges, imposed major penalty upon the applicant.
10.2. Further, by referring to the law laid down in B.C. Chaturvedi (supra),
a Three Judge Bench of Hon'ble Apex Court in the case of SBI v.
Ajay Kumar Srivastava reported in (2021) 2 SCC 612 : (2021) 1 SCC
(L&S) 457 also held that "the power of judicial review in the matters
of disciplinary inquiry/proceeding exercised by the departmental /
Appellate Authorities discharged by Court/Tribunal is well
circumscribed by limits of correcting error of law or procedural
errors leading to manifest injustice or violation of principle of
natural justice and it is not akin to adjudication of the case on
merits as an Appellate Authority."
Sbi General Insurance Co. Ltd vs Ajay Kumar And Ors on 12 October, 2017
10.1. In the present case, by assigning cogent reason, the Disciplinary
Authority had recorded its finding that charges levelled against the
applicant stands proved. Suffice to state that in absence of any
contrary material brought on record during the inquiry / proceeding it
cannot be said that the finding recorded by the DA is perverse or
18 O.A. 350/00285/2020
based on no evidence. On the contrary, it emerges from the record that
by examining the material on record, the Disciplinary Authority
recorded that the charges levelled against the applicant stands proved
and considering the seriousness and gravity of the said proved
charges, imposed major penalty upon the applicant.
10.2. Further, by referring to the law laid down in B.C. Chaturvedi (supra),
a Three Judge Bench of Hon'ble Apex Court in the case of SBI v.
Ajay Kumar Srivastava reported in (2021) 2 SCC 612 : (2021) 1 SCC
(L&S) 457 also held that "the power of judicial review in the matters
of disciplinary inquiry/proceeding exercised by the departmental /
Appellate Authorities discharged by Court/Tribunal is well
circumscribed by limits of correcting error of law or procedural
errors leading to manifest injustice or violation of principle of
natural justice and it is not akin to adjudication of the case on
merits as an Appellate Authority."
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