Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 1997
  6. /
  7. January

U.P. S.R.T.C. And Ors. vs Har Narain Singh And Ors.

Supreme Court Of India|14 August, 1997

JUDGMENT / ORDER

ORDER A disciplinary enquiry was held against the respondent who was a bus conductor in the appellant's Corporation. The Assistant Regional Manager of the appellant himself conducted the enquiry and found that the charges against the respondent are proved. He issued a show-cause notice on punishment to the respondent. After considering the reply given by the respondent he imposed a punishment of dismissal from service on the respondent. The respondent preferred an appeal before the Regional Manager which was dismissed. The respondent then preferred a claim before the Labour Tribunal. The Labour Tribunal held that it had no jurisdiction in the matter. Thereafter, the respondent preferred a petition before the U.P. Public Services Tribunal at Lucknow. The Tribunal dismissed the respondent's petition and held that there is no illegality in the conduct of the enquiry. It also held that the reasons given by the enquiry officer cannot be said to be perverse or against merit on record. From this judgment and order of the Tribunal dated 11-10-1985 the respondent filed a writ petition before the High Court of Judicature at Allahabad. A Single Judge of the High Court re appreciated the evidence led in the enquiry and quashed the order passed by the Tribunal as also the order passed by the Disciplinary Authority, The High Court clearly exceeded its jurisdiction in doing so because the High Court was not sitting in appeal over the findings given by the disciplinary authority. The re-examination of the evidence led in the disciplinary proceedings was not warranted. The impugned judgment and order of the High Court are, therefore, set aside and the order of the Tribunal is restored. The appeal is allowed accordingly.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

U.P. S.R.T.C. And Ors. vs Har Narain Singh And Ors.

Court

Supreme Court Of India

JudgmentDate
14 August, 1997
Judges
  • S V Manohar
  • D Wadhwa