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Const. Bhullan Tyagi vs Commissioner Of Police on 19 March, 2010 cites

Union Of India And Ors vs A.N. Saxena on 27 March, 1992

In the case of charges framed in a disciplinary proceeding the Tribunal or Court can interfere only if the charges framed with the imputation of particulars of the charges, if any of misconduct or other irregularly alleged can be said to have been made out of the charges framed are contrary to any law. At this stage, the Tribunal has no jurisdiction to go into the correctness or truth of the charges. The Tribunal cannot take over the functions of the disciplinary authority. The truth or otherwise of the charges is a matter for the disciplinary authority to go into. Follows the judgment in Union of India v. A.N. Saxena, JT 1992 (2) SC 582). If one has regard to the above, once it is found that the charge are contrary to law or there is no misconduct, it will be a futile exercise to hold an enquiry against the interest of the govt. servant.
Supreme Court of India Cites 2 - Cited by 118 - M H Kania - Full Document
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