Union Of India & Ors vs P.Gunasekaran on 3 November, 2014
5. Per contra, counsel appearing for the respondents has vehemently
opposed the contentions and supported the impugned order stating that the
petitioner who has participated in the departmental enquiry has never raised
such objection before the authorities. It is only after conclusion of the
departmental enquiry and passing of the punishment order, such objection
was taken for the first time in this writ petition. It is argued that the
interference with respect to departmental enquiry is limited to the extent that
there cannot be any reappreciation of evidence at this stage. In this regard,
certain parameters have been provided in the judgments passed by the
Hon'ble Supreme Court with respect to interference in the cases of
departmental enquiry. Placing reliance upon the judgment passed in the case
of Union of India and others vs. P. Gunasekaran reported in (2015) 2 SCC
610, he has prayed for dismissal of the writ petition.