High Court: Can interfere with IO’s findings in domestic inquiry

Saurabh Malik

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Chandigarh, December 24

The Punjab and Haryana High Court has ruled that it can interfere with an inquiry officer’s findings in a domestic inquiry. Justice Deepak Sibal also made it clear that the high court was well within its rights to examine whether the final conclusion arrived at by the inquiry officer was based on proof and not on inferences unsupported by evidence as disciplinary proceedings were quasi-criminal in character.

The ruling came in the case of a police official challenging 25 per cent cut in his pension following an inquiry. Justice Sibal asserted the question for determination was whether the high court can in the exercise of its writ jurisdiction interfere with the findings returned by an inquiry officer in the course of a domestic inquiry and the circumstances in which such interference was permissible if the answer was in the affirmative.

Proceedings Quasi-criminal

Since disciplinary proceedings are quasi-criminal in character, the HC, after taking the entire evidence as it is, will be well within its rights to examine as to whether the final conclusion arrived at by the inquiry officer is based on evidence and not on inferences. —Justice Deepak Sibal

Referring to a plethora of judgments on the issue, Justice Sibal asserted the Supreme Court concluded that a high court, exercising its jurisdiction under Article 226 of the Constitution, could not consider the question about the sufficiency or adequacy of evidence relied upon by an inquiry officer to arrive at a particular conclusion.

It was within the exclusive competence of the authority dealing with such a question. At the same time, the high court could and must inquire whether there was any evidence in support of the impugned conclusion drawn by such an authority.