In State of Bihar Vs. Maharana Pratap Singh, the Hon'ble Patna High Court while setting aside the decision of a single judge bench held that the learned Single Bench appears to have exercised appellate jurisdiction over findings recorded by the Enquiry Officer, the Disciplinary Authority as well as the Appellate Authority, which is impermissible in law, since, while exercising the power of judicial review, only the decision-making process has to be examined and not the merit and demerit of the finding recorded by the Disciplinary Authority. The Court cannot re-appreciate the merits of allegation levelled against the charged officer and return a finding that the same is not made out.
Cause Title : Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied: Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...
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