Departmental enquiry decisions

 Decisions of departmental enquiry are generally challenged in courts but finally there are few cases where court interferes and management wins these cases finally in battle : The important thing is the legislation : these departmental decisions against employee are challenged in writ jurisdiction having limited scope : In writ jurisdiction under art 226/227 of constitution , court  don’t sit and act as an appellate court  : If  the procedure adopted in departmental decision was against natural justice it can be decided in writ jurisdiction and directed to authority to decide in a justified manner : The case of three judges bench titled State of AP v/s Ramarao reported in AIR 1963 s.c page 1723 in which it was held that it is not the function of court to review the evidence :Similarly in another case titled BC Chaturvedi v/s union of india reported in 1995(6) SCC at page 749 it was held that the  power of judicial review doesn’t mean that court has appellate power to re appreciate the evidence but it is to be seen that rules of natural justice are followed : When an enquiry is conducted against delinquent officer , neither strict rules of evidence act applies nor proof of facts applies to disciplinary proceedings : In another judgement titled union of india v/s P Gunasakhran reported in SCC ( 2015 ) 2 at page  no 617 ,The  parameters are described  that high court shall not 1)re- appreciate the evidence 2) inter-fare with the conclusion of enquiry in case enquiry has been conducted in accordance with law 3) go into adequacy of the evidence 4) go into reliably of evidence 5) interfere with any legal evidence upon which any finding is based 6)correct the error of fact however grave it may be 7) go into the proportionality of punishment unless it shocks to conscience , further it was held that the standard of proof is different in departmental enquiry comparing with criminal proceeding and acquittal of delinquent from criminal proceedings from benefit of doubt does not absolve his liability in departmental proceedings , 

In recent judgement title sbi v AGB Reddy supreme court up held the principle declared in the case AP v/s Rama Rao reported in AIR 1963 sc page 749 that it is not the function of this court to review the evidence  

Supreme Court held in case sbi v AGB Reddy appeal number11196/2011 decided on Aug 24 , 2023 and set aside the judgement of single bench and division bench of high court and accepted the appeal of sbi and held that court would not interfere in the  deptt enquiry concluded by Enquiry officer / management /appellate court  as the function of court is not to appreciate the evidence in writ jurisdiction 

Supreme Court held in civil appeal number 2518/ 2012 titled State Bank of India & ors v/s P.Zadenga decided on dt 3/10/2023 that acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings 

It was held in this case that nature of proceedings being wholly separate and distinct