VidhiSangh

Supreme Court of India · 08/08/2024

THE STATE OF RAJASTHAN & ORS. versus BHUPENDRA SINGH

[2024] 8 S.C.R. 154 · 2024 INSC 592

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the 1993 removal from service of a Rajasthan cooperative department officer, holding that the High Court's Single Judge and Division Bench exceeded their writ jurisdiction by reappreciating the evidence of the departmental enquiry as an appellate court. The removal order rested on evidence and gave reasons, and the respondent had a fair hearing, so there was no violation of natural justice. Amounts already paid to the retired respondent were not to be recovered.

Issues

  1. Whether the High Court, under Article 226, could reappraise the evidence led in the departmental enquiry and hold the findings to be based on no evidence and perverse.
  2. Whether the removal order was unreasoned or passed in violation of natural justice because it did not discuss the respondent's representation in detail.
  3. Whether the punishment of removal was arbitrary or perverse.

Provisions considered

Held

Result

Appeals disposed of; impugned Division Bench judgment set aside and the removal order dated 28/09/1993 restored with consequences in law; as an extraordinary indulgence, since the respondent is retired and aged, payments already made to him are not to be recovered; no costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 154.