SMT.KANTA DEVI & ORS versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Smt.Kanta Devi & Ors v. State of Haryana & Ors - RSA-2827-2005 [2006] RD-P&H 731 (14 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No.2827 of 2005

Date of Decision : January 20, 2006.

Smt.Kanta Devi & others .... Appellants

Vs.

State of Haryana & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.Sanjay Jain, Advocate

for the appellants.

JUDGMENT :

The Legal Representatives of the plaintiff, who has died during the pendency of the proceedings, have approached this court through the present appeal.

Suit filed by the plaintiff for declaration, challenging his dismissal order was decreed by the trial court. In appeal filed by the department, the learned first appellate court found that the plaintiff has been charge-sheeted on two counts. During the inquiry proceedings, the aforesaid charges were proved. Relying upon the Inquiry Report, the punishing authority awarded the punishment of dismissal from service. It was also held that rules of procedure and principles of natural justice were fully observed by the departmental authorities. Consequently, appeal was allowed and the suit was dismissed.

R.S.A.No.2827 of 2005 : 2 :

It is well settled law that a Civil Court cannot sit in appeal over the findings recorded by the Inquiry Officer or by the punishing authority.

Nothing has been shown that the findings recorded by the learned first appellate court suffer from any infirmity or are contrary to the record.

No question of law, much less any substantial question of law arises in the present appeal.

Dismissed.

January 20, 2006 ( VINEY MITTAL )

monika JUDGE

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