Judicial Review can’t be exercised to re-appreciate evidence in departmental Enquiry proceedings[1]

Posted On - 18 July, 2023 • By - King Stubb & Kasiva

The Supreme Court while placing reliance on Deputy General Manager (Appellate Authority) vs. Ajai Kumar Srivastava said that the Division Bench of the High Court went outside the scope of judicial review by dealing with the matter in a manner as if it was the first stage of the case, namely, the inquiry was being conducted and inquiry report was being prepared. The Supreme Court clarified that during judicial review of departmental enquiry proceedings, the scope does not include reevaluating the entire evidence as one would in reviewing a conviction in a criminal trial.

[1] Supreme Court in Civil Appeal No. 3663 of 2023