Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court further stated that the Writ Court shall only interfere in the Inquiry Officer's findings of guilt only if they are perverse.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. was considering an appeal challenging disciplinary proceedings. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of evidence. The writ Court can interfere with the findings of guilty recorded by the Inquiry officer only if it was based on perverse finding. In the instant case, the disciplinary proceeding initiated against the appellant is in progress. It did not culminate into its natural end. In such circumstances there is no sufficient ground made out by the appellant which warrants interference of the writ court to the disciplinary proceedings initiated against him.”The appellant was working as a senior clerk in the Sree Padmanabha Swamy Temple. He is also the President of BMS Karmachari Sangham, an association of employees.The appellant noticing several acts of impurities committed by various persons in the Temple activities preferred compliant before the Administrative Committee. Subsequently, the appellant was issued with a charge memo pursuant to filing of the compliant. The appellant filed two writ petitions- one concerning Temple administration and the other challenging the disciplinary proceedings. The petition relating to Temple administration was closed without granting any relief, while certain directions were issued in the petition challenging the disciplinary proceedings. Aggrieved by these orders, he moved two writ appeals. The appellant submitted that disciplinary proceedings were initiated against him for raising genuine grievances against malpractices and mismanagements in Temple administration. On the other hand, respondents submitted that appellant has committed indiscipline by raising unwanted allegations against Administrative Committee. It was stated that appellant did not appear before Inquiry Officer in disciplinary proceedings. The Court noted that the appellant did not produce any evidence to substantiate the allegations made by him. The Court further noted that the Administrative Committee of the Temple considered these allegations and found that it is untrue and lacks bonafides. The Court further pointed out that the appellant was unable to point out any malafides or illegality committed against him. As such, the writ appeals were dismissed. Counsel for Appellant: Senior Advocate S Sreekumar, Advocates C.S.Manu, Dilu Joseph, C A Anupaman, T B Sivaprasad, C Y Vijay Kumar, Manju E R ,Anandhu Satheesh, Alint Joseph, Paul JoseCounsel for Respondents: Advocates G Sudheer, R Harikrishnan, Standing Counsel R Suraj KumarCase Title: Babilu Sankar v Sree Padmanabhaswamy Temple & Connected MatterCase No: WA NO. 126 OF 2024 & Connected MatterCitation: 2025 LiveLaw (Ker) 179Click here to read/download order

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

Tellmy Jolly

Tags