Supreme Court of India · 1971-03-02
MAKHANLAL WAZA & ORS. vs STATE OF JAMMU & KASHMIR & ORS.
- Citation / case number
- SC 1967/32
- Court
- Supreme Court of India
- Petitioner
- MAKHANLAL WAZA & ORS.
- Respondent
- STATE OF JAMMU & KASHMIR & ORS.
- Author
- SIKRI, S.M. (),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
- Bench
- SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that the Government could not dismiss the appellant from service based on findings of the enquiry officer when the Inspector-General had exonerated him, as the Government's power under Section 3 of the relevant Act must be exercised in light of the provisions of Section 7 and Rule 851(b). The Court clarified that the Government's role was limited to sustaining or rejecting the Inspector-General's order, and it could not reassess findings that were not appealed against. The dismissal order was thus set aside, reinforcing the principle that appellate powers cannot extend to re-evaluating unchallenged findings.