Judicial Review Can't Be Exercised To Re-appreciate Evidence In Departmental Enquiry Proceedings : Supreme Court
www.livelaw.in
The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial r
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The Supreme Court of India has ruled that a Constitutional Court cannot re-appreciate evidence in a disciplinary proceeding during judicial review, as if it is the first stage of the case. The court cannot decide the case as if the inquiry is still being conducted and the inquiry report being prepared. The decision-making process can be evaluated, but not the merits of the decision itself. The ruling came in an appeal by Indian Oil Corporation against a High Court order that set aside the punishment inflicted upon an employee in departmental proceedings by re-appreciating evidence at the stage of intra-court appeal.
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- The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial review in a disciplinary proceeding as if convictio...
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