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BOARD OF DIRECTORS, H.P.T.C. & ANR. vs. K.C. RAHI

SCR Citation: [2008] 3 S.C.R. 97
Year/Volume: 2008/ Volume 3
Date of Judgment: 20 February 2008
Petitioner: BOARD OF DIRECTORS, H.P.T.C. & ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2008 INSC 225
Judgment Delivered by: Hon'ble Mr. Justice H.K. Sema,Hon'ble Mr. Justice Markandey Katju
Respondent: K.C. RAHI
Case Type: CIVIL APPEAL /4524/2006
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950: 

Article 226 - Interference with findings of fact recorded by Tribunal - Departmental inquiry- Notice sent to delinquent followed by publication in newspaper - Delinquent not appearing before Inquiry Officer - Ex-parte proceedings - Charges found proved - Dismissal from service affirmed by Tribunal - Challenged before High Court - Order of Tribunal set aside by High Court holding that no proper service was effected on delinquent and there was violation of principle of natural justice - HELD: That delinquent was served with a notice is a finding of fact recorded by Tribunal - Therefore, High Court has exceeded its jurisdiction under Article 226 - Power under Article 226 is to interfere only when there is miscarriage of justice or an error of law on the face of record but not to re-appreciate evidence recorded by court of first instance - The record clearly shows that the delinquent knew that a departmental inquiry was initiated against him yet he chose not to participate in inquiry proceedings at his own risk - In such event, plea of principle of natural justice is deemed to have been waived and he is estopped from raising question of non-compliance of principle of natural justice - High Court fell in error in interfering with findings of fact recorded by Tribunal - Notice - Service of - In addition to publication in newspaper - Principles of natural justice - Proper service of notice

Plea - Plea of ignorance of law - HELD: Ignorance of law is no excuse much less by a person who is a law graduate himself.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Constitution of India
  • 1950: Article 226
5. Equivalent citation
    Citation(s) 2008 (11) SCC 502 = 2008 (11) Suppl. SCC 502 = 2008 (3) JT 315 = 2008 (3) Suppl. JT 315 = 2008 (3) SCALE 72