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Union Of India (Uoi) And Ors. vs Upendra Singh on 17 February, 1994

7. The learned counsel for the respondents, on the other hand, stated that the OA is not maintainable in view of the Honble Apex Court Judgment in the case of Union of India and Others v. Upendra Singh, (1994) 3 SCC 357 wherein it was held that judicial review was not directed against the decision but was confined to the decision-making process. Further, it was held that judicial review could not extend to the examination of the correctness or reasonableness of a decision as a matter of fact. In the instant case, the respondents had conducted the entire proceedings in accordance with the CCS (CCA) Rules, and given full opportunity of defence to the applicant satisfying the requirements of the principles of natural justice. All the contentions raised by the applicant in his representation against the Inquiry Report and in the appeal filed against the order passed by the Disciplinary Authority were dealt with by the respondents in the impugned orders. Therefore, it was not a fit case for this Tribunal to intervene. The learned counsel for the respondents further submitted that keeping in view the necessity to deal with the incident of sexual harassment at work place in a firm manner, it was necessary not to show any leniency in such cases.
Supreme Court of India Cites 11 - Cited by 426 - B P Reddy - Full Document
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