Ved Pal Gupta Vs High Court of Punjab and Haryana and another (Punjab and Haryana High Court)
Punjab and Haryana High Court held that disciplinary action taken district judge based on the material is not merely on basis of inference hence writ dismissed stating that there is no scope for interference in the opinion formed by the disciplinary authority.
Facts- The petitioner herein is a former District Judge, who was compulsorily retired from service as the charges were proved against him in a disciplinary inquiry. Inter alia, he prays for issuance of a writ of Certiorari to quash the charge sheet issued on 30.04.2012, inquiry report dated 24.04.2017, the recommendation of the vigilance/ disciplinary committee and the resolution of the Full Court of the High Court passed on 14.12.2020.
Conclusion- Disciplinary inquiry is a fact finding inquiry, which is not governed by strict rules of the Evidence Act. Reading of the report shows that the conclusions drawn are based upon material produced on the file and not merely on the basis of inference. Thus, the petitioner’s counsel is not correct in contending that the inquiry report is based on conjectures and surmises and it’s a case of no evidence.
Held that keeping in view the foregoing discussion, there is no scope for interference in the opinion formed by the disciplinary authority. Hence, the writ petition is dismissed.
