Case: Narinder Mohan Arya Vs. United India Insurance Co. Ltd.

at all, besides drawing the attention of the Chairman-cum Managing Director to the subsequent event namely the judgment and decree passed by the civil court. The said authority again did not apply its mind while passing his order dated 31st March, 1981. When such a contention was raised, it was obligatory on the part of the Chairman-cum-Managing Director while exercising its statutory jurisdiction to show that he had applied his mind to the contentions raised. Such application of mind on his part is not apparent from the order. The departmental proceedings are quasi criminal in nature. 41. Under certain circumstances, a decision of a civil court is also binding upon the criminal court although, converse is not true. [See M/s Karamchand Ganga Pershad & Anr. V. Union of India & Ors. [AIR 1971 SC 1244 ]. However, it is also true that the standard of proof in a criminal case and civil case is different. 42. We may notice that in Capt. M. Paul Anthony V. Bharat Gold Mines Ltd. & Anr. [1993 (3) SCC 679] this Court observed: Since the facts and the evidence in both the proceedings, namely, the departmental proceedings and the criminal case were the same without there being any iota of difference, the distinction, which is usually drawn as between the departmental proceedings and the criminal case on the basis of approach and burden of proof, would not be applicable to the instant case. 43. We may not be understood to have laid down a law that in all such circumstances the decision of the civil court or the criminal court would be binding on the disciplinary authorities as this Court in a large number of decisions points point that the same would depend upon other factors as well. See e.g. Krishnakali Tea Estate V. Akhil Bharatiya Chah Mazdoor Sangh & Anr. [2004 (8) SCC 200] and Manager, Reserve Bank of India Bangalore V. S. Mani & Ors. [2005 (5) SCC 100] . Each case is therefore, required to be considered on its own facts. 44. It is equally well settled that the power of judicial review would not be refused to be exercised by the High Court, although despite it would be lawful to do so. In Manager, Reserve Bank of India Bangalore (supra) this Court observed: The findings of the learned Tribunal, as noticed hereinbefore, are wholly perverse. It apparently posed unto itself wrong questions. It placed onus of proof wrongly upon the appellant. Its decision is based upon irrelevant factors not germane for the purpose of arriving at a correct finding of fact. It has also failed to take into consideration the relevant factors. A case for judicial review, thus, was made out. 45. In that case also, in view of the admissions made by the Management witness, it was found that tribunals findings were based on no evidence and, thus, irrational. This Court also noticed that the circumstances relied upon by the tribunal were wholly irrelevant stating: The circumstances relied upon, in our opinion, are wholly irrelevant for the purpose of considering as to whether the respondents have completed 240 days of service or not. A party to the lis may or may not succeed in its defence. A party to the lis may be filing representations or raising demands, but filing of such representations or raising of demands cannot be treated as circumstances to prove their case. 46. The Judgment and order of the learned Single Judge suffers from several infirmities. He had observed that the disadvantages of an employer as such acts are committed in secrecy and in conspiracy with the person affected by the accident. No such finding has been arrived at even in the disciplinary proceedings nor any charge was made out as against the appellant in that behalf. He had no occasion to have his say thereupon. Indisputably, the writ court will bear in mind the distinction between some evidence or no evidence but the question which was required to be posed and necessary should have been as to whether some evidence adduced would lead to the conclusion as regard the guilt of the delinquent officer or not. The evidence adduced on behalf of the management must have nexus with the charges. The Enquiry Officer cannot base his findings on mere hypothesis. Mere ipso dixit on his part cannot be a substitute of evidence. 47. The findings of the learned Single Judge to the effect that it is established with the conscience (sic) of the Court reasonably formulated by an Enquiry Officer then in the eventuality may not be fully correct inasmuch as the Court while exercising its power of judicial review should also apply its mind as to whether sufficient material had been brought on record to sustain the findings. The conscience of a court may not have much role to play. It is unfortunate that the learned Single Judge did not at all deliberate on the contentions raised by the appellant. Discussion on the materials available on record for the purpose of applying the legal principles was imperative. The Division Bench of the High Court also committed the same error. 48. The matter may be considered from another angle. The order of the disciplinary authority, in view of the statutory provisions, merged with the order of the appellate authority as also that of the Chairman-cum-Managing Director as the appellate proceedings are in continuation of the original proceedings and, thus, the doctrine of merger shall apply. [See Kunhayammed & Ors. V. State of Kerala & Anr. [(2000) 6 SCC 359] . 49. A revisional jurisdiction as is well known involves exercise of appellate jurisdiction. [See Shankar Ramchandra Abhyankar V. Krishnaji Dattatraya Bapat, AIR 1970 SC 1 and Nalakath Sainuddin v. Koorikadan Sulaiman, (2002) 6 SCC 1]. 50. Mr. Bali, learned counsel appearing on behalf of the appellant raised a contention that the disciplinary proceedings was vitiated as the authorities acted mala fide and with a biased attitude. We do not find any substance therein. 51.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]The Judgment and order of the learned Single Judge suffers from several infirmities. He had observed that the disadvantages of an employer as such acts are committed in secrecy and in conspiracy with the person affected by the accident. No such finding has been arrived at even in the disciplinary proceedings nor any charge was made out as against the appellant in that behalf. He had no occasion to have his say thereupon. Indisputably, the writ court will bear in mind the distinction between some evidence or no evidence but the question which was required to be posed and necessary should have been as to whether some evidence adduced would lead to the conclusion as regard the guilt of the delinquent officer or not. The evidence adduced on behalf of the management must have nexus with the charges. The Enquiry Officer cannot base his findings on mere hypothesis. Mere ipso dixit on his part cannot be a substitute of evidenceThe findings of the learned Single Judge to the effect that it is established with the conscience (sic) of the Court reasonably formulated by an Enquiry Officer then in the eventuality may not be fully correct inasmuch as the Court while exercising its power of judicial review should also apply its mind as to whether sufficient material had been brought on record to sustain the findings. The conscience of a court may not have much role to play. It is unfortunate that the learned Single Judge did not at all deliberate on the contentions raised by the appellant. Discussion on the materials available on record for the purpose of applying the legal principles was imperative. The Division Bench of the High Court also committed the same errorThe matter may be considered from another angle. The order of the disciplinary authority, in view of the statutory provisions, merged with the order of the appellate authority as also that of the Chairman-cum-Managing Director as the appellate proceedings are in continuation of the original proceedings and, thus, the doctrine of merger shall apply.26. In our opinion the learned Single Judge and consequently the Division Bench of the High Court did not pose unto themselves the correct question. The matter can be viewed from two angles. Despite limited jurisdiction a civil court, it was entitled to interfere in a case where the report of the Enquiry Officer is based on no evidence27. We may notice that this Court in Ramendra Kishore Biswas V. State of Tripura & Ors. [1999 (1) SCC 472] was clearly of the opinion that a civil suit challenging the legality of a disciplinary proceeding and consequent order of punishment is maintainable. Even this Court in its order dated 29.7.1994 said so29. It is also of some interest to note that the first respondent itself, in the civil suit filed by the firm relied upon a copy of the report of the Enquiry Officer. The first respondent, therefore, itself invited comments as regard the existence of sufficiency of evidence/acceptability thereof and, thus, it may not now be open to them to contend that the report of the Enquiry Officer was sacrosanct30. We have referred to the fact of the matter in some details as also the scope of judicial review only for the purpose of pointing out that neither the learned Single Judge nor the Division Bench of the High court considered the question on merit at all. They referred to certain principles of law but failed to explain as to how they apply in the instant case in the light of the contentions raised before it. Other contentions raised in the writ petition also were not considered by the High Court43. We may not be understood to have laid down a law that in all such circumstances the decision of the civil court or the criminal court would be binding on the disciplinary authorities as this Court in a large number of decisions points point that the same would depend upon other factors as well. See e.g. Krishnakali Tea Estate V. Akhil Bharatiya Chah Mazdoor Sangh & Anr. [2004 (8) SCC 200] and Manager, Reserve Bank of India Bangalore V. S. Mani & Ors. [2005 (5) SCC 100] . Each case is therefore, required to be considered on its own facts44. It is equally well settled that the power of judicial review would not be refused to be exercised by the High Court, although despite it would be lawful to do so. In Manager, Reserve Bank of India Bangalore (supra) this Court observed:The findings of the learned Tribunal, as noticed hereinbefore, are wholly perverse. It apparently posed unto itself wrong questions. It placed onus of proof wrongly upon the appellant. Its decision is based upon irrelevant factors not germane for the purpose of arriving at a correct finding of fact. It has also failed to take into consideration the relevant factors. A case for judicial review, thus, was made out45. In that case also, in view of the admissions made by the Management witness, it was found that tribunals findings were based on no evidence and, thus, irrationalThe Judgment and order of the learned Single Judge suffers from several infirmities. He had observed that the disadvantages of an employer as such acts are committed in secrecy and in conspiracy with the person affected by the accident. No such finding has been arrived at even in the disciplinary proceedings nor any charge was made out as against the appellant in that behalf. He had no occasion to have his say thereupon. Indisputably, the writ court will bear in mind the distinction between some evidence or no evidence but the question which was required to be posed and necessary should have been as to whether some evidence adduced would lead to the conclusion as regard the guilt of the delinquent officer or not. The evidence adduced on behalf of the management must have nexus with the charges. The Enquiry Officer cannot base his findings on mere hypothesis. Mere ipso dixit on his part cannot be a substitute of evidenceThe findings of the learned Single Judge to the effect that it is established with the conscience (sic) of the Court reasonably formulated by an Enquiry Officer then in the eventuality may not be fully correct inasmuch as the Court while exercising its power of judicial review should also apply its mind as to whether sufficient material had been brought on record to sustain the findings. The conscience of a court may not have much role to play. It is unfortunate that the learned Single Judge did not at all deliberate on the contentions raised by the appellant. Discussion on the materials available on record for the purpose of applying the legal principles was imperative. The Division Bench of the High Court also committed the same errorThe matter may be considered from another angle. The order of the disciplinary authority, in view of the statutory provisions, merged with the order of the appellate authority as also that of theg Director as the appellate proceedings are in continuation of the original proceedings and, thus, the doctrine of merger shall apply49. A revisional jurisdiction as is well known involves exercise of appellate jurisdiction. [See Shankar Ramchandra Abhyankar V. Krishnaji Dattatraya Bapat, AIR 1970 SC 1 and Nalakath Sainuddin v. Koorikadan Sulaiman, (2002) 6 SCC 1]Mr. Bali, learned counsel appearing on behalf of the appellant raised a contention that the disciplinary proceedings was vitiated as the authorities acted mala fide and with a biased attitude. We do not find any substance therein.