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2014 (12) TMI 751 - SC - Indian LawsJurisdiction of High Court - Willful falsification of official register - Gross misconduct and failure to maintain absolute integrity and devotion to duty or not - Contravention of the provisions of Rule 3(1)(i), 3(1)(ii), 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964 - Departmental proceedings initiated under Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Held 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 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 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 re-appreciate the evidence in exercise of its jurisdiction under Article 226/227 of the Constitution of India. It was not open to the High Court, in exercise of its jurisdiction under Article 226/227 of the Constitution of India, to go into the proportionality of punishment so long as the punishment does not shock the conscience of the court - the disciplinary authority has come to the conclusion that the respondent lacked integrity - that view has been endorsed by the Central Administrative Tribunal also - 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 - 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 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 punishment aspect that was opened to challenge. The Central Administrative Tribunal, after elaborately discussing the factual as well as the legal position, has come to the conclusion that the punishment of compulsory retirement 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 back wages - The respondent stood dismissed from service as per order dated 10.06.1997 - It was that punishment which was directed to be reconsidered – thus, the judgment of the HC is set aside and the order passed by the disciplinary authority and confirmed by the Central Administrative Tribunal is restored – Decided in favour of petitioner.
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