see Judicial Process, Judicial Review, Judicial Discipline
Not a court of Appeal
High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant
Power of judicial review is not an appeal from a decision but a review of the manner in which the decision is made.
Court will not act as an appellate court and reassess the evidence led in the domestic enquiry, nor interfere on the ground that another view is possible on the material on record
While reappreciating evidence the High Court cannot act as an appellate authority in the disciplinary proceedings.
Violation of the principles of natural justice or in violation of statutory regulations
Interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry while exercising jurisdiction under Article 226 of the Constitution.
If the disciplinary authority records a finding that is not supported by any evidence whatsoever or a finding which is unreasonably arrived at, the Writ Court could interfere with the finding of the disciplinary proceedings
Doctrine of proportionality
Doctrine of proportionality |All powers have legal limits
Facts
Court while undertaking judicial review of the matter is not supposed to substitute its own opinion on reappraisal of facts.
Tribunal or the High Court could not interfere with the findings of facts
Tender
Judicial review in Tenders
