VIGILANCE MANUAL VOLUME III - AP Online

424 DECISION -170
cannot be used for the purpose of seeking corroboration or assurance
for the testimony of the witness in court.
(170)
(A) Court jurisdiction
In writ proceedings arising out of departmental
proceedings, High Court or Supreme Court does
not reassess the evidence or examine whether there
is sufficient evidence.
(B) Evidence Act — applicability of
Rules of Evidence Act are not applicable to departmental
inquiries.
(C) Principles of natural justice — reasonable
opportunity
Whether there was reasonable opportunity for
defending oneself is a question of fact.
(D) Suspension — restrictions, imposition of
Refusal to allow official under suspension to stay at
a place of his choice and restriction not to leave
headquarters without permission, are reasonable.
K.L. Shinde vs. State of Mysore,
AIR 1976 SC 1080
The appellant, a Police Constable at Belgaum, was
proceeded against on charges of complicity in smuggling activities
and was placed under suspension. He asked for permission to stay
in Belgaum during the period of suspension but this request was not
accepted. After the inquiry into the charges, the Superintendent of
Police, who was his disciplinary authority, dismissed him from service.
His appeal to the Deputy Inspector General of Police and Revision
petition to the State Government were rejected. He also lost his
case in the Munsif Court, but the Civil Judge, Belgaum decreed the