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Goutam Tarafder vs D/O India Post on 30 September, 2022 cites

The State Of Assam And Another vs Mahendra Kumar Das And Others on 18 March, 1970

"26. In our opinion the learned Single Judge and consequently the Division Bench of the High Court did not pose unto themselves the correct question. The matter can be viewed from two angles. Despite limited jurisdiction a civil © court, it was entitled to interfere in a case where the report of the Enquiry Officer is based on no evidence. In a suit filed by a.delinquent employee ina civil court as also a writ court, in the event the findings arrived at in the departmental proceedings are questioned before it should keep in mind the following: (1) the enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry. [ State of Assam and Anr. v. Mahendra Kumar Das and Ors. [(1970) 1 SCC 709] (2) In a domestic enquiry fairness in the procedure is a part of the principles of natural justice [ Khem Chand v. Union of India and Ors. (1958 SCR 1080) and State of Uttar Pradesh_v. Om Prakash Gupta (1969) 3 SCC 775]. (3) Exercise of discretionary power involve two elements (i) Objective and (ii) subjective and existence of the exercise of an objective element is a condition precedent for exercise of the subjective element.
Supreme Court of India Cites 3 - Cited by 116 - C A Vaidyialingam - Full Document

Khem Chand vs The Union Of India And Others on 13 December, 1957

"26. In our opinion the learned Single Judge and consequently the Division Bench of the High Court did not pose unto themselves the correct question. The matter can be viewed from two angles. Despite limited jurisdiction a civil © court, it was entitled to interfere in a case where the report of the Enquiry Officer is based on no evidence. In a suit filed by a.delinquent employee ina civil court as also a writ court, in the event the findings arrived at in the departmental proceedings are questioned before it should keep in mind the following: (1) the enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry. [ State of Assam and Anr. v. Mahendra Kumar Das and Ors. [(1970) 1 SCC 709] (2) In a domestic enquiry fairness in the procedure is a part of the principles of natural justice [ Khem Chand v. Union of India and Ors. (1958 SCR 1080) and State of Uttar Pradesh_v. Om Prakash Gupta (1969) 3 SCC 775]. (3) Exercise of discretionary power involve two elements (i) Objective and (ii) subjective and existence of the exercise of an objective element is a condition precedent for exercise of the subjective element.
Supreme Court of India Cites 14 - Cited by 504 - Full Document
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