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march 1971

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.

MAKHANLAL WAZA & ORS. vs STATE OF JAMMU & KASHMIR & ORS. · Niyam