Constitutional courts can’t assume role of appellate authority in cases of disciplinary inquiries: SC

PTI, Feb 19, 2022, 8:05 AM IST

New Delhi: Constitutional courts cannot assume the role of an appellate authority in exercising judicial review powers in matters related to disciplinary inquiry and have to see that legal or procedural errors do not lead to “manifest injustice”, the Supreme Court said on Friday.

The apex court made this crucial observation in a verdict by which it quashed the 2021 judgment of the Allahabad High Court setting aside the disciplinary proceedings and consequential punishment inflicted upon an employee of the UCO Bank.

“So far as the scope of judicial review in the matters of disciplinary inquiry is concerned…the Constitutional courts while exercising their power of judicial review under Articles 226 or 227 of the Constitution would not assume the role of the appellate authority where jurisdiction is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.

“At the same time, the power of judicial review is not analogous to adjudication of the case on merits as an appellate authority,” said a bench of Justices Ajay Rastogi and Abhay S Oka.

Writing the judgement, Justice Rastogi allowed the appeal of the UCO Bank against the high court verdict.

The apex court said it was not the case of Krishna Kumar Bhaardwaj, against whom the disciplinary proceedings were initiated, even before the high court that the departmental inquiry was not conducted in accordance with the procedure prescribed under the Regulations.

It said there was no violation of any provision of Regulations or denial of fair opportunity of hearing to the employee in the course of inquiry or there was violation of the principles of natural justice.

“In our considered view, the premises on which the high court has proceeded even in reference to charge no. 1 is unsustainable and deserves to be set aside. Consequently, the appeal succeeds and is allowed. The judgment of the Division Bench…is accordingly set aside,” it said.

It was alleged that the employee was the officiating Manager and posted at Taharpur, Bhabisa, Muzaffarnagar and had committed “gross irregularities in discharge of his duties”. He was found guilty by the inquiry officer.

The appellate authority upheld the findings but awarded a lesser penalty such as lowering of the pay scale.

However, the high court set aside the findings of the authorities below during the departmental proceedings.