TMI Blog1976 (5) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... lthough the special leave petition does not state that all the points sought to be raised by it were not argued before the Division Bench, this is not enough to merit cancellation of the special leave to appeal which was granted by this Court. At the time of grant of special leave, the order refusing grant of certificate of fitness of the case for appeal to this Court must have been before this Court. We are unable now to see the point on which special leave was granted. But, that too would not, by itself, merit a revocation of special leave at this stage after hearing arguments. Appeal dismissed. - Civil Appeal No. 1155 of 1971 - - - Dated:- 6-5-1976 - BEG, M. HAMEEDULLAH, RAY, A.N. AND SINGH, JASWANT, JJ. S. C. Manchanda, Sadhu Singh, R. N. Kapoor, Mrs. Nirmala Gupta, Uzzal Singh and J. M. Khanna for the Appellant Gobind Das, P. P. Rao, Girish Chandra and S. P. Nayar for the respondent JUDGMENT BEG, J. This is an appeal by special leave against the judgment and order of a Division Bench of the Allahabad High Court given by it on 17th November, 1969, dismissing a plaintiff's first appeal arising out of an original suit for a declaration that the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he charges, and about others in 1952 by Shri R. N. Srivastava, another Inspecting Commissioner, and that the appellant had been exonerated of the allegations and imputations made against him on each occasion. One of his defences was that a fresh enquiry into the same charges was not permissible under the Departmental rules and was also barred by rules of natural justice. He also complained of failure to give him opportunity to produce nine witnesses in his defence with some documents. It is evident that the questions raised by the appellant depended on findings of fact. All relevant facts had been examined by the officer who held the enquiry and by the punishing authority. No malafides against either the Inquiring Officer, Shri A. K. Bose, Deputy Director Investigation, or against the punishing authority was alleged. There are, however, suggestions that Shri G. S. Srivastava and Shri R. N. Srivastava, Inspecting Assistant Commissioners, were pursuing the appellant for some unknown reason which we do not find stated anywhere. We fail to see how these two officers, who neither conducted the actual departmental trial nor could have any influence over the punishing authority, could cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture litigation. Unless the exclusion of evidence is of a kind which amounts to a denial of natural justice or would have affected the final decision it could not be material. In the case before us, it has not even been shown how the witnesses whose production was said to have been disallowed could help the appellant's case on specific charges. Indeed, we do not know whether any evidence which the appellant tried to produce was really wrongly excluded and at what stage and for what reasons. All these are questions of fact which should be, initially, raised in the departmental trial. After that, if there was any patent error a writ petition lay. Finally, the trial Court and the High Court had considered at some length all relevant questions raised. Learned Counsel for the appellant has handed over a very carefully and laboriously prepared statement of facts of the case to show us that the evidence did not support the charges levelled against the appellant. It was also submitted that, apart from the charges relating to partnership in the Gautam Cycle Mart, no other charge was found substantiated. Furthermore, it was submitted that, after the inquiring officer had found that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that body depends. These princi ples govern not onnly the findings of inferior courts stricto strictio also the findings of administrative bodies which are deemed be acting in a judicial capacity. Such bodies are deemed to have been invested with power to err within the limits of their jurisdiction; and provided that they keep within those limits, their decisions must be accepted as valid unless set aside on appeal . Learned Counsel for the appellant said all that could possibly be said on behalf of his client. He pointed out that the High Court had given its judgment eight months after it had heerad argumenst. He urged that the result was that the High Court did not deal with a number of submissions made because they had, apparently, been forgotten. The Civil Procedure Code does not provide a time limit for the period between the hearing of arguments and the delivery of a judgment. Nevertheless, we think that an unreasonable delay between hearing of arguments and delivery of a judgment, unless explained by exceptional or extraordinary circumstances, is highly undesirable even when written arguments are submitted. It is not unlikely that some points which the litigant considers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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