Jitendra Chaudhary v. Food Corporation Of India Through Its Managing Director

 


      
   
  

  


      
 



 

 ! 

 
 "



   
!  #$ !

 
  ! $

 



 

 ! $%




   !"

# $

  %

& '' '! &( ) * *+
(.





  

/ *+ *)
(".

* *0 *+
(1.

&

% 





2&

34 # $

  

4$5

&

&  '






 #

 011 #%  

   '' ) * *+ / 

 

 *) */
(/.

 

 



 & 



 )  



&&

 7 



(+. &



 '

+



'  / *+ *)
(".

'  * *0 *+
(1. & &

      ) 8



 

'

6

  &

(&  &   &





 



2  





&& &

&  

 ex facie



( 2&

&  

' '

'  



&&

+ 

'   

 & & 



  

'   

 &9  

 





&  '



  



&



&  '&

: 

& ' 



 '  

:

 2

 '



:



  8 

'

    

 '

 '  

'



& ' '  &

 

"

; 

& '



     

   
    <   

   ;  )



'

 &

'

 

 

().

   







  

   

 '

  (

 



'

    ' 

&



'

 $   



 



2 *   



(&



&

&

 



 %  '

  $




() .



  

%



'   % ' 

     

=

'

    !

 "

  # $% &&' ()* + ')) 





 & 

 

 

&

 

   



     -

 

  



/ 



 

  



&

   

( 2&

 ) 

 &   

'



&(









&

+





 

  ( 

>

'       

   

?,

 - #. ( 

 * !  "

/ +!

! (010* 0 + 20

- 

 @24. It is thus settled that the power of judicial review, of the constitutional courts, is evaluation of the decisionmaking process and not the merits of the decision itself. It is to ensure fairness in treatment and not to ensure fairness of conclusion. The court/tribunal may interfere in the proceedings held against the delinquent if it is, in any manner, inconsistent with the rules of natural justice or in violation of the statutory rules prescribing the mode of enquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. If the conclusion or finding be such as no reasonable person would have ever reached or where the conclusions upon consideration of the evidence reached by the disciplinary authority are perverse or suffer from patent error on the face of record or based on no evidence at all, a writ of certiorari could be issued. To sum up, the scope of judicial review cannot be extended to the examination of correctness or reasonableness of a decision of authority as a matter of fact. 2527 xx xx xx

28. The constitutional court while exercising its jurisdiction of judicial review under Article 226 or Article 136 of the Constitution would not

 interfere with the findings of fact arrived at in the departmental enquiry proceedings except in a case of mala fides or perversity i.e. where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at those findings and so long as there is some evidence to support the conclusion arrived at by the departmental authority, the same has to be sustained ." ,'



.

"

=' 

  &'  ?345

6,! #  "

/ . ! 7  8   $ (010)* +  + 09

 1 $ 

&&     '

(+.

 

 '

 &  0 &

' *
&

 ,. 

  

&   ! $'



 sham Whether speaking/reasoned Yes/No Whether reportable Yes/No