Supreme Court of India
UNION OF INDIA AND OTHERSversusP. GUNASEKARAN
- Citation
- 2014 INSC 760
- Decided
- 19 November 2014
- Disposal
- Appeal(s) allowed
- Bench
- ANIL R DAVE
Holding
A High Court exercising jurisdiction under Articles 226/227 may only examine procedural regularity, natural justice and jurisdiction, and cannot re‑appreciate evidence or alter the punishment unless it shocks the conscience.
Summary
P. Gunasekaran, a Deputy Office Superintendent in Central Excise, was dismissed after a departmental inquiry found him guilty of falsifying attendance records and impersonating an executive officer. Although he was later acquitted of related criminal charges, the Central Administrative Tribunal (CAT) upheld the dismissal on the first charge and modified the penalty to compulsory retirement. The Madras High Court set aside the CAT order, reinstating him with back wages, by re‑appreciating the evidence and altering the punishment. The Supreme Court held that under Articles 226 and 227, a High Court cannot act as a second appellate authority in disciplinary matters, nor re‑appreciate evidence or substitute punishment unless it shocks conscience. Consequently, the High Court’s order was set aside, the CAT’s order restored, and the appeal was allowed.
Issues considered
- The scope of judicial review by a High Court under Articles 226/227 in disciplinary proceedings, specifically whether it can re‑appreciate evidence and act as an appellate authority.
- Whether the punishment of compulsory retirement imposed on the respondent is valid and proportionate.
- Whether the High Court can set aside findings of fact and modify the disciplinary authority’s order.
Legislation cited
- Central Civil Services (Classification, Control and Appeal) Rules, 1965s. Rule 11(vii)
- Central Civil Services (Conduct) Rules, 1964s. Rule 3(1)(i), s. Rule 3(1)(ii), s. Rule 3(1)(iii)
- Constitution of Indias. Article 226, s. Article 227
- Indian Penal Code, 1860s. Section 143, s. Section 319, s. Section 420
Subjects
disciplinary proceedingsArticle 226Article 227judicial reviewnatural justiceproportionality of punishmentintegritycentral civil services conduct rulescompulsory retirementre‑appreciation of evidence
Judgment
(2014] 13 S.C.R. 1312
A . UNION OF INDIAAND OTHERS
v.
P. GUNASEKARAN
(Civil Appeal No.10386 of 2014)
B
NOVEMBER 19, 2014
[ANIL R. DAVE AND KURIAN JOSEPH, JJ.]
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
Court, in exercise of its powers 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 principles of natural justice in conducting
the proceedings; d) the authorities have disabled themselves
E from reaching a fair conclusion by some considerations
extraneous to the evidence and merits of the case; e) the
authorities have allowed themselves to be influenced by
irrelevant or extraneous considerations; f) the conclusion, on
the very face of it, is so wholly arbitrary and capricious that
F no reasonable person could ever have arrived at such
conclusion; g) the disciplinary authority had erroneoµsly
failed to admit the admissible and material evidence; h) the
disciplinary authority had erroneously admitted inadmissible
evidence which influenced the finding; and i) the finding of
G fact is based on no evidence- Under Article 2261227 of the
Constitution, the High Court shall not:(i) re-appreciate the
evidence; (ii) interfere with the conclusions in the enquiry, in
case the same has been conducted in accordance with law;
(iii) go into the adequacy of the evidence; (iv) go into the
H
1312
.
UNION OF INDIAANDOTHERSv. P. GUNASEKARAN 1313
reliability of the evidence; (v) interfere, if there be some legal A
evidence on which findings can be based; (vi) correct the
error of fact however grave it may appear to be; and (vii) go
into the proportionality of punishment unless it shocks its
conscience - In the instant case, the impugned conduct of
respondent working as Deputy Office Superintendent in a B
sensitive department of Central Excise, according to the
disciplinary authority, reflected lack of integrity warranting
discontinuance in service - That view was endorsed by the
Tribunal also - Thereafter, it was not open to the High Court
to go into the proportionality of punishment or substitute the c
same with a lesser or different punishment - Central Civil
Services (Conduct) Rules, 1964 rr. - 3(1 )(i), (ii) & (iii) -
Constitution of India, 1950-Arts. 226 and 227.
Words and Phrases - Word "integrity" - In context to
service jurisprudence -Meaning of- Held: It depicts sterling D
character with firm adherence to a code of moral values.
State of Andhra Pradesh and others v. S. Sree
Rama Rao AIR 1963 SC 1723: 1964 SCR 25;
State of Andhra Pradesh and others v. Chitra
E
Venkata Rao (1975) 2 SCC 557: 1976 (1) SCR
521 ; State of Haryana and another v. Rattan
Singh (1977) 2 SCC 491 ; Chennai Water Supply
and Sewarage Board v. T. T. Murali Babu (2014)
4SCC108: 2014 (1) SCR 987; B.C. Chaturvedi
F
v. Union of India and others (1995) 6 SCC 749 :
1995 (4) Suppl. SCR 644 ; Union of India and
another v. G Ganayutham (1997) 7 SCC 463 :
1997 (3) Suppl. SCR 549 ; Om Kumar and
others v. Union of India (2001) 2 SCC 386: 2000
G
(4) Suppl. SCR 693 ; Coimbatore District Central
Cooperative Bank v. Coimbatore District Central
. Cooperative Bank Employees Association and
another (2007) 4 sec 669 : 2001 (5) SCR 430 ;
H
1314 SUPREME COURT REPORTS [2014] 13 S.C.R.
A and Chairman-cum-Managing Director, Coal
India Limited and another v. Mukul Kumar
Chaudhuri and others (2009) 15 SCC 620: 2009
(13) SCR 487 - relied on.
CASE LAW REFERENCE
B
1964 SCR 25 relied on Para 14
1976 (1) SCR 521 relied on Para 15
(1977) 2 sec 491 relied on Para15
c 2014 (1) SCR 987 relied on Para 16
1995 (4) Suppl. SCR 644 relied on Para 20
1997 (3) Suppl. SCR 549 relied on Para 20
2000 (4) Suppl. SCR 693 relied on Para 20
D 2007 (5) SCR 430 relied on Para 20
2009 (13) SCR 487 relied on Para 20
CIVILAPPELLATE JURISDICTION: Civil Appeal No.
10386 of 2008.
E
From the Judgment and Order dated 18-09-2007 of the
High Court of Judicature at Madras in Writ Petition No. 29757
of 2002.
Ranjit Kumar, SG, Ms. Sadhna Sandhu, Adv., (for B.V.
F Balaram Das, Adv.) for the Appellants.
Sumeer Kumar Shrivastava, Kumari Nanda Sinha, S.K.
Verma, Advs. for the Respondent.
The Judgment of the Court was delivered by
G KURIAN, J. 1. Leave granted.
2 Respondent, while working as Deputy Office
Superintendent, Central Excise Third Division, Coimbatore
was arrested by Police in a criminal case involving cheating
and extortion of money. The oolice reqistered a criminal case
H
UNION OF INDIAANDOTHERSv. P. GUNASEKARAN 1315
[KURIAN, J.]
under Sections'143, 319 and 420 of the Indian Penal Code A
(45 of 1860) (hereinafter referred to as 'IPC') against the
respondent. Separate departmental proceedings were also
initiated against him under Central Civil Services
(Classification, Control and Appeal) Rules, 1965.
3. Following are the three articles of charge: B
"ARTICLE-I
That the said Shri P. Gunasekaran, Deputy Office
Superintendent (Level-II) (under suspension of Central
Excise, Headquarters Office, Coimbatore while C
working in the Valuation Cell, Hqrs. Office, Coimbatore
came to the office on 23.11.1992, in the morning and
signed the attendance register, in token of having
come to the office and left office without permission
and came to the office the next day, i.e., on the morning D
of 24.11.1992, and affixed his initials in the departure
column against the dated 23.11.1992 and willfully
falsified the official register. He has thereby committed
gross misconduct and failed to maintain absolute
integrity and devotion to duty and has behaved in a E
manner unbecoming of a Government servant, in
contravention of the provisions of Rule 3(1 )(i), 3( 1)(ii),
3(1)(iii) of Central Civil Services (Conduct) Rules,
1964.
ARTICLE-II F
That the said Shri P. Gunasekaran, being a ministerial
Officer impersonated ·himself as . ~ Central Excise
. Executive Officer and on 23.11.1992 about2.30 p;m.
unauthorizedly conducted passenger checks in a G
public transport bus at Ukkadam Bus Stand, by
usurping the powers of Executive Officer and thereby
committed gross misconduct and failed to maintain
absolute integrity and devotion to duty and behaved
in a manner unbecoming of a Government servant in H
1316 SUPREME COURT REPORTS [2014] 13 S.C.R.
A contravention of the provisions of Rule 3(1 )(i), 3(1 )(ii)
and 3(1 )(iii) of CCS (Conduct) Rules, 1964.
ARTICLE-Ill
That the said Shri P. Gunasekaran, on 23.11.1992 at
B about 2.30 P.M., abused his position unauthorisedly ·
conducted passenger check, by usurping the powers
of Executive Officer, threatened a passenger bound
for Kerala and thereby committed gross misconduct
and failed to maintain absolute integrity and devotion
c to duty and behaved in a manner unbecoming of a
Government servant in contravention of the provisions
of Rule 3(1 )(i), 3(1 )(ii) and 3(1 )(iii) of CCS (Conduct)
Rules, 1964."
4. In the disciplinary inquiry, all the charges were proved
D and, on due procedure, the respondent was dismissed from
service by order dated 10.06.1997. The said order of
disrl)issal dated 10.06.1997 was challenged before the Central
Administrative Tribunal, Chennai Bench in O.A. No. 805 of
1997. During the pendency of the original application.before
E the Central Administrative Tribunal, in criminal appeal, the First
Additional District and Sessions Judge, Coimbatore acquitted
the respondent.
5. The Central Administrative Tribunal, vide order dated
27.10.1999, took the view that the respondent having been
F acquitted on identical set of charges, he could not be
proceeded against in respect of second and third articles of
charge in the disciplinary proceedings. However, on the first
Charge, the Tribunal held as follows:
G "11. .. . There is one another charge on which, the
applicant has been punished by the disciplinary authority,
i.e., Article I which has been extracted above. It cannot
be said this charge is also part of the criminal
prosecution. On the evidence adduced, the inquiring
H authority has come to the conclusion that Article I has
UNION OFINDIAANDOTHERSv. P. GUNASEKARAN 1317
[KURIAN, J.]
been proved taking note of the applicant's letter dated A
11.11.1992 addressed to the Collector of Central Excise
when he was kept under remand. This finding given by
the enquiry officer has been accepted by the disciplinary
authority. Considering all the three charges as proved,
the order of dismissal has been passed, but since we B
have arrived at a conclusion that charges 2 and 3 cannot
stand in view of the acquittal by the criminal court, in our
view, the quantum of punishment has to be considered
by the disciplinary authority......... : So the impugned
order is set aside, the matter is remitted back to the c
disciplinary authority to consider the quantum punishment
taking note of our conclusions and observations made
above. The disciplinary authority shall consider the
quantum of punishment and pass orders within a
period of 8 weeks from the date of receipt of a copy of o
this order.... "
6. The appellants herein challenged the order of the
Administrative Tribunal in Writ Petition No. 355 of 2000 before
the Madras High Court. The said writ petition was disposed of
by judgment dated 12.01.2000. The High Court declined to E
interfere with the order passed by the Administrative Tribunal.
However, in respect of Articles of Charge no.I which does not
have any relation to the criminal case, it was held at paragraph-
6 as follows:
F
"6 .... Charge No. 1 relates to the unauthorized absence
of the respondent from the office. The tribunal was of the
view that dismissal from service was not warranted for
the said charge. We do not think that the view taken by
the Tribunal either unreasonable or irrational which could
be interfered with by this court under Article 226 and 227 G
of the Constitution of India .... "
7. The disciplinary authority, accordingly, passed order
dated 28.02.2000 which reads as follows:
H
1318 SUPREME COURT REPORTS [2014] 13 S.C.R.
A "Whereas on consideration of the facts and records
of the case with regard to Article-I of the disciplinary
proceedings against Shri P. Gunasekaran and the
. observation made in Hon'ble Tribunal's order, the
undersigned is satisfied that good and sufficient reason
B exists for imposing upon him the penalty herein after
specified, in modification of penalty of 'dismissal from
service' ordered vide C.No.1111 OA/92-Vig. Dated 10.6.97.
Now, therefore, I order under clause (vii) of Rule 11
of Central Civil Services (CCA) Rules, 1965 that Shri P.
c Gunasekaran, dismissed as Deputy Office
Superintendent, be compulsorily retired from the date ·
from which he was dismissed from service."
8. Respondent challenged the order dated 28.02.2000
whereby he was compulsorily retired from service from the.
0
original date of dismissal in O.A. No. 521 of 2001 before the
Central Administrative Tribunal, Chennai Bench. Dismissing
the O.A., it was held as follows:
"10 .... It is for the disciplinary authority to decide in what
E way the punishment is to be imposed and this Tribunal
cannot act as an appellate court in such cases. With this
in mind, if we read the Article-I of the charge extracted
above, it is clear that the applicant does not deserve any
sympathy because he manipulated the records. It is not
F a case of unauthorized absence. The applicant after
signing the attendance register left the office and yet he
made attempts to show that he was present in the office
for the whole day. It amounts to falsification of the records
and the conduct of the applicant shows that he was
G dishonest or he has not maintained the integrity as a
government officer. Falsification of records is a criminal
offence. Taking into consideration the gravity of charges,
we hold that the punishment imposed on the applicant is
proper and the same is not outrageous nor it shocks our.
H conscience. The O.A. is dismissed .... "
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1319
[KURIAN, J.]
9. The said order dated 08.02.2001 was challenged by A.
the respondent before the High Court of Judicature at Madras
which has lead to the impugned judgment dated 18.09.2007 ' .
in Writ Petition No. 29757 of 2002.
10. The High Court set aside the order of the Central.
Administrative Tribunal, interfered with even the finding of the B
enquiry officer, set aside the punishment and directed
reinstatement with backwages and all service benefits. To
quote:
"2. We have gone through the materials placed on record c
and also gone through the letter of the petitioner dated
11.12.1992 on which the enquiry officer has given his
findings whereby he brought to the notice of the Collector
what was transpired on 23.11.1992, and there is no
admission made by the petitioner. Therefore, we ~old 0
that the enquiry officer has not considered the letter in
the proper perspective to arrive at the right conclusion.
Therefore, the letter dated 11. 12. 1992 cannot be taken
as the basis, on which, the punishment was imposed and
therefore the impugned order is liable to be set aside. E
Further, as rightly contended by the learned Senior
Counsel appearing for the petitioner while modifying the
order, the respondents should have fixed the d~te of
compulsory retirement from the date of issue of the order,
instead affixing the compulsory retirement from the date F
of order of dismissal. Further, after going through the
contents of the letter, it seems the petitioner has not
admitted the charge. Therefore, as rightly contended by
the learned Senior Counsel appearing for the petitioner
except the letter of the petitioner, there is no other
evidence and whatever evidence is required with regard G
to charges 2 and 3, which were framed on the basis of
the registration of the criminal case against the petitioner,
which ultimately ended in acquittal, the punishment
imposed on the basis of the above said criminal case
H
1320 SUPREME COURT REPORTS [2014] 13 S.C.R.
A has to go. Therefore, the disciplinary authority has not
properly understood the order passed by the tribunal to
reconsider the punishment as per the charge memo. The
enquiry officer's report is not based on any evidence
except based on the letter by the petitioner, which the
B petitioner has not admitted of the charges. The petitioner
was acquitted from the charges 2 and 3. Therefore, the
only charge, which we find is not based on any material
or evidence. Therefore, the punishment of compulsory
retirement imposed on the petitioner is unsustainable and
C the petitioner is to be reinstated. It is brought to the notice
of this court that the petitioner has attained the age of
superannuation. Therefore, the salary payable to the
petitioner from the date of his compulsory retirement till
the date of his superannuation has to be treated the
D reinstatement with all backwages and monetary benefits
which shall be calculated and paid to him. The terminal
benefits and pension as applicable under the Rules shall
be calculated and paid to the petitioner."
11. Thus aggrieved, the Union of India and others are
E before this Court.
12. Heard Shri Ranjit Kumar, learned Solicitor General
appearing for the appellants and Shri Sumeer Kumar
Shrivastava, learned counsel appearing for the respondent.
F 13. 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, re-appreciating even
the evidence before the enquiry officer. The finding on Charge
no. I was accepted by the disciplinary authority and was also
G 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 Article 226/227 of the Constitution of India, shall not
venture into re-appreciation of the evidence. The High Court
H can only see whether:
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1321
[KURIAN, J.]
a. the enquiry is held by a competent authority; A
b. the enquiry is held according to the pro<;:edure
prescribed in that behalf;
c. there is violation of the principles of natural justice in
conducting the proceedings; B
d. the authorities have disabled themselves from
reaching a fair conclusion by some considerations
extraneous to the evidence and merits of the case;
e. the authorities have allowed themselves to be
influenced by irrelevant or extraneous considerations;
c
f. the conclusion, on the very face 9fit, i9"so wholly
arbitrary and capricious that no reasonable'~rson
could ever have arrived at such conclusion;
g. the disciplinary authority had erroneously failed to D
admit the admissible and material evidence;
h. the disciplinary authority had erroneously admitted
inadmissible evidence which influenced the finding;
i. the finding of fact is based on no evidence. E
Under Article 226/227 of the Constitution of India, the
High Court shall not:
(i}. re-appreciate the evidence;
(ii). interfere with the conclusions in the enquiry, in case the F
same has been conducted in accordance with law;
(iii). go into the adequacy of the evidence;
(iv). go into the reliability of the evidence;
(v). interfere, if there be some legal evidence on which G
findings can be based.
(vi). correct the error of fact however grave it may appear to
be;
H
1322 SUPREME COURT REPORTS· [2014] 13 S.C.R.
A . (vii). go into the proportionality of punishment unless it
shocks its conscience.
14. In one of the earliest decisions in State of Andhra
Pradesh and others v. S. Sree Rama Rao1, many of the
. above principles have been discussed and it has been
8 concluded thus:
"7 . ... The High Court is not constituted in a
proceeding under Article 226 of the Constitution a court
of appeal over the decision of the authorities holding a
c departmental enquiry against a public servant: it is
concerned to determine whether the enquiry is held by
an authority competent in that behalf, and according to
· the procedure prescribed in that behalf, and whether the
rules of natural justice are not violated. Where there is
D
some evidence, which the authority entrusted with the
duty to hold the enquiry has accepted and which
·evidence may reasonably support the conclusion that the
delinquent officer is guilty of the charge, it is nqt the
function of the High Court in a petition for a writ under
Article 226 to review the evidence and to arrive at an
E
independent finding on the evidence. The High Court may
undoubtedly interfere where the departmental authorities
have held the proceedrngs against the delinqueJlt in a
manner inconsistent with the rules of natural justice or in
violation of the statutory rules prescribing the mode of
F
·enquiry or where the authorities have disabled
themselves from reaching a fair decision by sonie
considerations extraneous to the evidence and the merits
of the case or by allowing themselves to be influenced
by irrelevant considerations or where the conclusion on
G
the very face of it is so wholly arbitrary and capricious
that no reasonable person could ever have arrived at that
conclusion, or on similar grounds. But the departmental
authorities are, if the enquiry is otherwise properly held,
1
H AIR 1963 SC 1723
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1323
[KURIAN, J.]
the sole judges of facts and if there be some legal A
evidence on which their findings can be based, the
adequacy or reliability of that evidence is not a matter
which can be permitted to be canvassed before the High
Court in a proceeding for a writ under Article 226 of the
Constitution." B
15. In State ofAndhra Pradesh and others v. Chitra
Venkata Rao 2, the principles have been further discussed at
paragraph-21to24, which read as follows:
"21. The scope of Article 226 in dealing with c
departmental inquiries has come up before this Court.
Two propositions were laid down by this Court in State
of A.P. v. S. Sree Rama Rao. First, there is no warrant
for the view that in considering whether a public officer is
guilty of misconduct charged against him, the rule 0
followed in criminal trials thatan offence is not established
unless proved by evidence beyond reasonable doubt to
the satisfaction of the Court must be applied. If that rule
be not applied by a domestic tribunal of inquiry the High
Court in a petition under Article 226 of the Constitution is E
not competent to declare the order of the authorities
holding adepartmental enquiry invalid. The High Court
is not a court of appeal under Article 226 over the
decision of the authorities holding a departmental enquiry
against a public servant. The Court is concerned to F
determine whether the enquiry is held by an authority
competent in that behalf and according to the procedure
prescribed in that behalf, and whether the rules of natural
justice are not violated. Second, where there is some
evidence which the authority entrusted with the duty to G
hold the enquiry has accepted and which evidence may
reasonably support the conclusion that the delinquent
officer is guilty of the charge, it is not the function of the
High Court to review the evidence and to arrive at an
2
(1975) 2 sec 557 H
1324 SUPREME COURT REPORTS [2014] 13 S.C.R.
A independent finding on the evidence. The High Court may
interfere where the departmental authorities have held
the proceedings against the delinquent in a manner
inconsistent with the rules of natural justice or in violation
of the statutory rules prescribing the mode of enquiry or
B where the authorities have disabled themselves from
reaching a fair decision by some considerations
extraneous to the evidence and the merits of the case or
by allowing themselves to be influenced by irrelevant
considerations or where the conclusion on the very face
C of it is so wholly arbitrary and capricious that no
reasonable person could ever have arrived at that
conclusion. The departmental authorities are, if the
enquiry is otherwise properly held, the sole judges of facts
and ifthere is some legal evidence on which their findings
o can be based, the adequacy or reliability of that evidence
is not a matter which can be permitted to be canvassed
before the High Court in a proceeding for a writ under
Article 226.
22. Again, this Court in Railway Board,
E representing the Union of India, New Delhi v. Niranjan
Singh said that the High Court does not interfere with
the conclusion of the disciplinary authority unless the
finding is not supported by any evidence or it can be said
that no reasonable person could have reached such a
F finding. In Niranjan Singh case this Court held that the
High Court exceeded its powers in interfering with the
findings of the disciplinary authority on the charge that
the respondent was instrumental in compelling the shut-
down of an air compressor at about 8.15 a.m. on May
G 31, 1956. This Court said that the Enquiry Committee
felt that the evidence of two persons that the respondent
led a group of strikers and compelled them to close down
their compressor could not be accepted at its face value.
The General Manager did not agree with the Enquiry
H Committee on that point. The General Manager accepted
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1325
[KURIAN, J.]
the evidence. This Court said that it was open to the A
General Manager to do so and he was not bound by the
conclusion reached by the committee. This Court held
that the conclusion reached by the disciplinary authority
should prevail and the High Court should not have
interfered with the conclusion. B
23. The jurisdiction to issue a writ of certiorari under
Article 226 is a supervisory jurisdiction. The Court
exercises it not as an appellate court. The findings of
fact reached by an inferior' court or tribunal as a result of
the appreciation of evidence are not reopened or C
questioned in writ proceedings. An error of law which is
apparent on the face of the record can be corrected by a
writ, but not an error of fact, however grave it may appear
to be. In regard to a finding of fact recorded by a tribunal,
a writ can be issued if it is shown that in recording the D
said finding, the tribunal had erroneously refused to admit
admissible and material evidence, or had erroneously
admitted inadmissible evidence which has influenced the
impugned finding. Again if a finding of fact is based on
no evidence, that would be regarded as an error of law E
which can be corrected by a writ of certiorari. A finding of
fact recorded by the Tribunal cannot be challenged on
the ground that the relevant and material evidence
adduced before the Tribunal is insufficient or inadequate
to sustain a finding. The adequacy or sufficiency of F
evidence led on a point and the inference of fact to be
drawn from the said finding are within the exclusive
jurisdiction of the Tribunal. See Syed Yakoob v. K.S.
Radhakrishnan.
24. The High Court in the present case assessed G
the entire evidence and came to its own conclusion. The
High Court was not justified to do so. Apart from the aspect
that the High Court does not correct a finding of fact on
the ground that the evidence is not sufficient or adequate,
H
1326 SUPREME COURT REPORTS [2014] 13 S.C.R.
A the evidence in the present case which was considered
by the Tribunal cannot be scanned by the High Court to
justify the conclusion that there is no evidence which
would justify the finding of the Tribunal that the respondent
did not make the journey. The Tribunal gave reasons for
B its conclusions. It is not possible for the High Court to
say that no reasonable person could have arrived at these
conclusions. The High Court reviewed the evidence,
reassessed the evidence and then rejected the evidence
as no evidence. That is precisely what the High Court in
c exercising jurisdiction to issue a writ of certiorari should
not do."
These principles have been succinctly summed-up by
the living legend and centenarian Justice V. R. Krishna Iyer in
State of Haryana and another v. Rattan Singh 3 . To quote
D the unparalled and inimitable expressions:
"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.
E
.i:liere 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.
F
under the Indian Evidence Act. For this proposition it is
not necessary to cite decisions nor text books, although
we have been taken through case-law and other
authorities by counsel on both sides. The essence of a
judicial approach is objectivity, exclusion of.extraneous
G
materials Oi considerations and observance of rules of
natural justice. Of course, fairplay is the basis and if
perversity or arbitrariness, bias or surrender of
independence of judgment vitiate the conclusions
H 3
(1977) 2 sec 491
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1327
[KURIAN, J.]
reached, such finding, even though of a domestic tribunal, A
cannot be held good .... "
16. In all the subsequent decisions of this Court upto the
latest in Chennai Water Supply and Sewarage Board v. T.
T. Murali Babu4 , these principles have been consistently
followed adding practically nothing more or altering anything. 8
17. On Article I, the disciplinary authority, while imposing
the punishment of compulsory retirement in the impugned order
dated 28. 02.2000, had arrived at the following findings:
"Article-I was held as proved by the Inquiry authority after C
evaluating the evidence adduced in the case. Under the
circumstances of the case, the evidence relied on viz.,
letter dated 11.12.92 written by Shri P. Gunasekaran,
provides a reasonable nexus to the charge framed
against him and he did not controvert the contents of the D
said letter dated 11.12.92 during the time of inquiry. Nor
did he produce any defence witness during the inquiry to
support his claims including that on 23.11. 92 he left the
office on permission. There is nothing to indicate that he
was handicapped in producing his defence witness .... " E
18. The disciplinary authority, on scanning the inquiry
report and having accepted it, after discussing the available
and admissible evidence on the charge, and the Central
Administrative Tribunal having endorsed the view of the
disciplinary authority, it was not at all open to the High Court to F
re-appreciate the evidence in exercise of its jurisdiction under
Article 226/227 of the Constitution of India.
19. Equally, it was not open to the High Court, in exercise
of its jurisdiction under Article 226/227 of the Constitution of G
India, to go into the proportionality of punishment so long as
the punishment does not shock the conscience of the court. In
the instant case, the disciplinary authority has come to the
conclusion that the respondent lacked integrity. No doubt, there
4
(2014) 4 sec 1oa H
1328 SUPREME COURT REPORTS [2014] 13 S.C.R.
A are no measurable standards as to what is integrity in service
jurisprudence but certainly there are indicators for such
assessment. Integrity according to Oxford dictionary is "moral
uprightness; honesty". It takes in its sweep, probity, innocence,
trustfulness, openness, sincerity, blamelessness, immaculacy,
B rectitude, uprightness,-virtuousness, righteousness, goodness,
cleanness, decency, honour, reputation, nobility,
irreproachability, purity, respectability, genuineness, moral
excellence etc. In short, it depicts sterling character with firm
adherence to a code of moral values.
c 20. The impugned conduct of the respondent working
as Deputy Office Superintendent in a sensitive department of
Central Excise, according to the disciplinary authority, reflected
lack of integrity warranting discontinuance in service. That view
has been endorsed by the Central Administrative Tribunal also.
D Thereafter, it is not open to the High Court to go into the
proportionality of punishment or substitute the same with a
lesser or different punishment. These aspects have been
discussed at quite length by this Court in several decisions
including B.C. Chaturvedi v. Union of India and others 5 ,
E Union of India and another v. G. Ganayutham 6 , Om Kumar
and others v. Union of lndia 7 , Coimbatore District Central
Cooperative Bank v. Coimbatore District Central
Cooperative Bank Employees Association and another8 ,
Chairman-cum-Managing Director, Coal India Limited
F and another v. Mukul Kumar Choudhuri and others 9 and
the recent one in Chennai Metropolitan Water
Supply (supra).
21. All that apart, on the facts of the present case, it has
G to be seen that in the first round of litigation before the Central
Administrative Tribunal in order dated 27.10.1999 in O.A. No.
5
(1995) 6 sec 749
6( 1997) 7 sec 463
7(2001) 2 sec 386
0
(2007) 4 sec 669
H 9
(2009) 15 sec 620
UNION OF INDIAAND OTHERS v. P. GUNASEKARAN 1329
[KURIAN, J.]
805 of 1997, the Tribunal had entered a finding that "on the A
evidence adduced, the inquiring authority has come to the
conclusion that Article I has been proved taking note of the
appellant's letter dated 11.11. 92 addressed to the Collector
of Central Excise when he was kept under remand. This finding
given by the inquiry officer has been accepted by the B
disciplinary authority".
22. That order of the Central Administrative Tribunal was
challenged by the respondent in Writ Petition No. 7.26 of 2000
which was disposed of by judgment dated 12. 01.2000 wherein
the High Court had also endorsed the said finding which we C
have already referred to herein before.
23. Thus, the finding on Charge no. I has attained finality.
It is the punishment of dismissal on Charge no. I which was
directed to be reconsidered by the Central Administrative 0
Tribunal and which view was endorsed by the High Court. On
that basis only, the dismissal was converted to compulsory
retirement. Such findings cannot be reopened in the
subsequent round of litigation at the instance of the respondent.
It was only the pl:lnishment aspect that was opened to E
challenge.
24. The Central Administrative Tribunal, in the order dated
01.02.2001 in O.A. No. 521 of 2000, after elaborately
discussing the factual as well as the legal position, has come
to the conclusion that the punishment of compulsory retirement F
is not outrageous or shocking to its conscience, it was not
open to the High Court to interfere with the disciplinary
proceedings from stage one and direct reinstatement of the
respondent with backwages.
25. The last contention is with regard to date of effect of G
the punishment. According to the respondent, even assuming
that compulsory retirement is to be imposed, it could be only
with effect from the date of order, viz., 28.02.2000. We are
unable to appreciate the contention. The respondent stood
H
·, ,...
1330 SUPREME COURT REPORTS [2014] 13 S.C.R.
A· dismissed from service as per order dated 10.06.1997. It was
that punishment which was directed to be reconsidered.
Consequent thereon only, the punishment was altered/
substituted to compulsory retirement. Necessarily, it has to be
from the date of dismissal from service, viz., 10.06.1997.
B 26. The impugned judgment of the High Court is set aside.
The order dated 28.02.2000 passed by the disciplinary
authority and confirmed by the Central Administrative Tribunal,
Chennai Bench vide order dated 01.02.2001 in O.A. No. 521
of 2000 is restored.
c
27. The appeal is allowed as above. No costs.
Bibhuti Bhushan Bose Appeal allowed.
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