Supreme Court Digest of Recent Cases
(2006) 7 SCC 212

Constitution of India

— Art. 226 — Scope of judicial review/ Interference under — Service matters — Departmental enquiry — Scope of interference — Reappreciation of evidence — Impermissibility — Evidence considered by enquiry officer, disciplinary authority and Appellate Authority — Reappreciation of such evidence by High Court, held, impermissible — In the present case High Court erred in acting as a court of appeal and reappreciating the evidence, (2006) 7 SCC 212-A

Service Law

Misconduct

— Punishment — Scope of judicial review of — Leniency if can be shown by Court — Case-law discussed — Bank officer found to be connected with the issue of STDRs in the name of certain individuals against clearing cheques received from various trusts/ boards — He further found to have got overdraft limits sanctioned for the said individuals — Bank officer committing such misconduct for his personal ends and against the interest of the Bank and the depositors, held, must be dealt with iron hands without any leniency — Hence, order of dismissal passed against him upheld — Plea of leniency on the ground of long years of service rendered by him rejected, (2006) 7 SCC 212-B



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