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.