UNION OF INDIA versus H.C. GOEL

UNION OF INDIA versus H.C. GOEL

Government is competent to differ from the findings of the enquiry officer in departmental proceedings, but High Courts are empowered under Article 226 to quash orders of dismissal where the Government's conclusion is not supported by any evidence; in the present case, dismissal was based on no evidence for charge No. 3 and must be set aside.

Parties
Appellant: Union of India; Respondent: H. C. Goel
Jurisdiction
India
Judgment Date
30 August 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Judgment of Punjab High Court
Outcome
Appeal dismissed
Legal Topics
Civil Service Disciplinary Proceedings, Writ Jurisdiction, Departmental Enquiry, Judicial Review
Constitutional Law Administrative Law Employment Law Civil Service Disciplinary Proceedings Writ Jurisdiction Departmental Enquiry Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Union of India

Appellant

H. C. Goel

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Judgment of Punjab High Court

Legal Issues

  1. 1 Whether Government is competent to differ from findings of fact recorded by the enquiry officer under Rule 55 of Civil Services (Classification, Control and Appeal) Rules
  2. 2 Whether the High Court has jurisdiction under Articles 226 and 311 to interfere with Government's conclusion on misconduct if it is not supported by any evidence

Ratio Decidendi

Government is competent to differ from the findings of the enquiry officer in departmental proceedings, but High Courts are empowered under Article 226 to quash orders of dismissal where the Government's conclusion is not supported by any evidence; in the present case, dismissal was based on no evidence for charge No. 3 and must be set aside.

Court Disposition

Appeal dismissed

Orders

  • Order of dismissal against respondent H. C. Goel set aside
  • Appellant to pay costs of respondent