Checkout Forums CISF and Others v. Santosh Kumar Pandey (16/12/2022)

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    advtanmoy
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    Power of the High Court under Articles 226 and 227 of the Constitution of India enables exercise of judicial review to correct errors of law, including procedural law, leading to manifest injustice or violation of principles of fairness, without normally venturing into reappreciation of evidence [See Paragraphs 12-16 in Union of India and Others v. P. Gunasekaran [JT 2014 (13) SC 499]]. The writ court, when disciplinary action is challenged, is primarily concerned with examination of the decision making process, which requires satisfaction that the competent authorities have held inquiry as per the prescribed procedure, and have duly applied their mind to the evidence and material placed on record, without extraneous matters being given undue consideration, and the relevant factors have been cogitated. The conclusions of fact, which are based upon evaluation and appreciation of evidence, when meticulously reached by the authorities, should not be interfered with merely because the court may have reached at a different conclusion.

    [See the full post at: CISF and Others v. Santosh Kumar Pandey (16/12/2022)]

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