Union Of India vs Alok Kumar on 16 April, 2010
The review petition was considered by the Reviewing Authority and after applying its mind, the same was rejected because the applicant failed to bring any new fact, material or evidence which has the effect of changing the nature of the case meriting review. Further submitted that the respondents have acted as per rules and there is no arbitrariness, malafide against the applicant. The applicant was taken up for disciplinary proceedings for the lapses committed by him and the authorities have acted as per the procedure and had passed reasoned and speaking order reflecting their bonafides and the penalty is commensurate with the gravity of the offence therefore, the same deserves to be upheld. The respondents have relied upon the judgment of the Apex Court in the case of Union of India vs. Alok Kumar [2010 (5) SCC 349] wherein it was held that unless any de-facto prejudice is proved, the court/tribunal cannot re-appreciate the evidence to come to a different conclusion to that of competent authority.