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1 - 10 of 10 (0.43 seconds)The Indian Evidence Act, 1872
Section 124 in The Indian Evidence Act, 1872 [Entire Act]
Article 51 in Constitution of India [Constitution]
Union Of India & Ors vs Dalbir Singh & Anr on 8 May, 2009
In this regard, it would be beneficial to refer to the relevant
portions of the judgment of Supreme Court of India in the
case of Union of India & Ors. vs. Dalbir Singh, in Civil
Appeal No. 5848/2021, AIR (2021) SC 4504. The relevant
paras are as follows:
Union Of India & Ors vs P.Gunasekaran on 3 November, 2014
A. In this regard, for ease of convenience, relevant extract of the
judgment of Hon'ble Supreme Court in the case of Union of
India & Ors. vs. P. Gunasekaran reported in (2015) 2 SCC
610, in para nos. 12, 13, 16 & 17 are cited below:
"12. Despite the well-settled position, it is painfully disturbing
to note that the High Court has acted as an appellate authority
in the disciplinary proceedings, reappreciating even the
evidence before the enquiry officer. The finding on Charge I
was accepted by the disciplinary authority and was also
endorsed by the Central Administrative Tribunal. In
disciplinary proceedings, the High Court is not and cannot act
as a second court of first appeal. The High Court, in exercise
of its powers under Articles 226/227 of the Constitution of
India, shall not venture into reappreciation of the evidence.
Article 14 in Constitution of India [Constitution]
State Of Haryana And Anr. vs Rattan Singh on 22 March, 1977
16. These principles have been succinctly summed up by the
living legend and centenarian V.R. Krishna Iyer, J. in State of
Haryana v. Rattan Singh [(1977) 2 SCC 491: 1977 SCC
(L&S) 298]. To quote the unparalleled and inimitable
expressions: (SCC p. 493, para 4) "4. ... in a domestic enquiry
the strict and sophisticated rules of evidence under the Indian
Evidence Act may not apply. All materials which are logically
probative for a prudent mind are permissible. There is no
allergy to hearsay evidence provided it has reasonable nexus
and credibility. It is true that departmental authorities and
administrative tribunals must be careful in evaluating such
material and should not glibly swallow what is strictly
speaking not relevant under the Indian Evidence Act. For this
proposition it is not necessary to cite decisions nor textbooks,
although we have been taken through case law and other
authorities by counsel on both sides. The essence of a judicial
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approach is objectivity, exclusion of extraneous materials or
considerations and observance of rules of natural justice. Of
course, fair play is the basis and if perversity or arbitrariness,
bias or surrender of independence of judgment vitiate the
conclusions reached, such finding, even though of a domestic
tribunal, cannot be held good."
Article 19 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
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