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2022 (2) TMI 1417 - SC - Indian LawsSuspension order - alleged negligence on the part of the respondent delinquent in handling the keys in inappropriate manner resulted into theft/loss of cash from the cash safe - HELD THAT:- The power of judicial review in the matters of disciplinary inquiries, exercised by the departmental/appellate authorities discharged by constitutional courts under Article 226 or Article 136 of the Constitution of India is well circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice and it is not akin to adjudication of the case on merits as an appellate authority which has earlier been examined by this Court in B.C. Chaturvedi Vs. Union of India and Others [1995 (11) TMI 379 - SUPREME COURT]; H.P. STATE ELECTRICITY BOARD LTD. VERSUS MAHESH DAHIYA [2016 (11) TMI 1749 - SUPREME COURT] and recently by a three Judge Bench of this Court (of which one of us is a member) in DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND ORS. VERSUS AJAI KUMAR SRIVASTAVA [2021 (1) TMI 1312 - SUPREME COURT]. Adverting to the facts of the instant case, the Division Bench has proceeded on the premise that the responsibility was of the Branch Manager along with the Assistant Manager(Cash). Hence, the respondent could not have been held responsible for the lapses of those officers and proceeding on the said foundation, set aside the penalty inflicted upon the respondent delinquent but the record of enquiry clearly manifests that it was a factual error being committed by the High Court while setting aside the domestic inquiry and the consequential punishment inflicted upon the respondent delinquent. The High Court has exceeded in its jurisdiction while interfering with the disciplinary proceedings initiated against the respondent delinquent and being unsustainable deserves to be set aside - Appeal allowed.
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