VIGILANCE MANUAL VOLUME III - AP Online

434 DECISION - 178
will not vitiate any action if it can be justified under some other powers
under which the Government can lawfully do the act. In the present
case the valid rule is mentioned in each case.
(178)
(A) Court jurisdiction
Sufficiency of evidence in support of findings in domestic
Tribunal is beyond the purview of courts, but the absence
of any evidence is available for courts to look into.
(B) Evidence — hearsay
There is no allergy to hear-say evidence in
departmental inquiries, provided it has reasonable
nexus and credibility.
(C) Administrative Instructions — not binding
Departmental instructions are instructions of
prudence, not rules that bind or vitiate in violation.
State of Haryana vs. Rattan Singh,
AIR 1977 SC 1512
The respondent was a bus conductor under the Haryana
Roadways which is a State Government Undertaking. During a check
by the flying squad it was found that four passengers had alighted
without tickets and eleven others travelling in the bus did not have
tickets though they claimed to have paid the fare. A proceeding was
initiated against him for violating the departmental instructions that
tickets should be issued to all passengers who are allowed to travel
in the buses after realising fares from them, and his services were
terminated. The respondent got a declaration in his favour from the
civil court and the appellate court affirmed it. The High Court
dismissed the second appeal in lumine and the State Government
preferred the appeal before the Supreme Court by special leave.
The High Court and the courts below quashed the
proceedings on the ground that none of the passengers who had