Supreme Court of India · 1989-03-14
UNION OF INDIA ETC. vs PARMA NAND ETC.
- Citation / case number
- SC 1988/70915
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA ETC.
- Respondent
- PARMA NAND ETC.
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court held that under the Administrative Tribunal Act, 1985, the powers of High Courts under Article 226 concerning service matters are conferred upon the Tribunal, which acts as a substitute for civil courts. The Court clarified that the Tribunal's jurisdiction does not equate to appellate jurisdiction and cannot interfere with disciplinary findings unless they are arbitrary or perverse. The Court set aside the Tribunal's order that modified the punishment of dismissal to stopping increments, affirming that the competent authority's discretion in imposing penalties for misconduct is exclusive and not subject to Tribunal review unless malafide.