Published on: 13 July 2023 at 15:00 IST
The powers of judicial review have limitations and cannot be used to intervene in the decisions made by the Departmental Authority. The Division Bench of the Jharkhand High Court upheld the dismissal order of a police officer and stated that it is not necessary to record every aspect of a case in accordance with the law.
It is sufficient compliance with natural justice if there is some reason stated in the punishment order.
The findings of the departmental authority in a properly conducted departmental inquiry cannot be challenged through a Certiorari proceeding, unless it can be shown to the court that the punishment order was passed contrary to existing rules or in violation of natural justice principles.
The petitioner, a police officer who was dismissed from service following a domestic inquiry on charges of negligence, indiscipline, dereliction of duty, and unauthorized absence, filed a Letters Patent Appeal against the writ court’s decision to uphold the impugned order.
The appellant’s counsel argued that the dismissal order was brief and failed to consider the evidence presented by the department during the domestic inquiry.
The court noted that the punishment order should provide reasons for the imposition of the punishment, as per the principles of natural justice. However, it clarified that recording every aspect of the case is not a legal requirement, and it is sufficient compliance with natural justice if there is some reason mentioned in the punishment order.
Furthermore, the court observed that the punishment order in the present case contained allegations against the police officer, and the charges of negligence, indiscipline, dereliction of duty, and unauthorized absence were proven in the domestic inquiry.
The court further stated that the powers of judicial review are limited and can only be exercised based on well-established grounds such as violation of natural justice, arbitrariness, irrationality, or perversity.
Findings of fact recorded by the departmental authority in a properly conducted departmental inquiry cannot be challenged through a Certiorari proceeding, unless it is demonstrated that the punishment order was passed contrary to existing rules or in violation of natural justice principles.
The sufficiency or insufficiency of evidence is not a valid ground to challenge the punishment order, and the court cannot interfere as long as there is some evidence supporting it.
The court dismissed the petition and concluded that there were no grounds to interfere in the matter.