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1962 (10) TMI 56 - SC - Indian LawsWhether the order of dismissal was void because the rules relating to the holding of an enquiry against non-gezetted public servants, called the Disciplinary Proceedings (Administrative Tribunal) Rules, 1951. were discriminatory and that in holding the enquiry against him the Tribunal had violated the rules of natural justice? Held that:- If the order may be supported on any finding as to substantial misdemeanour for which the punishment can lawfully be imposed, it is not for the Court to consider whether that ground alone would have weighed with the authority in dismissing the public servant. The Court has no jurisdiction if the findings of the enquiry officer or the Tribunal Prima facie make out a case of misdemeanour, to direct the authority to reconsider that order because in respect of some of the findings but not all it appears that there had been violation of the rules of natural justice. The High Court was, in our judgment, in error in directing the Governor of Orissa to reconsider the question. The appeal must therefore be allowed and the order passed by the High Court set aside. Having regard to the circumstances of the case, there will be no order as to costs in this Court and the High Court.
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