Supreme Court · 2014 INSC 760 · Decided 19 November 2014
Union of India and Others v. P. Gunasekaran
- Court
- Supreme Court of India
- Citation
- 2014 INSC 760 · [2014] 13 S.C.R. 1312
- Case number
- CIVIL APPEAL No. 10386/2014
- Decided
- 19 November 2014
- Bench
- ANIL R. DAVE, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 2261227, 226, 227
Headnote
Service Law- Disciplinary proceedings - Punishment - High Court acting as appellate authority, re-appreciating C even the evidence before the enquiry officer - Propriety - Held: Not proper- In disciplinary proceedings, the High Court is not and cannot act as a second court of first appeal - High under Article 2261227 of the Constitution, shall not venture into re-appreciation of the D evidence - High Court can only see whether: a) the enquiry is held by a competent authority; b) the enquiry is held according to the procedure prescribed in that behalf; c) there is violation of the
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