Writ Jurisdiction To Be Exercised In Circumspection, Can’t Displace Authority’s Order By Merely Taking Another Opinion On Same Material
Case: Rajender Prasad Pant V. Exchange Agencies & Anr.
Coram: Justice Dinesh Kumar Sharma
Case No.: W.P.(C) 11076/2022
Court Observation: “This Court in its writ jurisdiction cannot re-appreciate the evidence,”
“The entire evidence produced by the petitioner-claimant had been appreciated and it was inter alia held that the same were not sufficient to prove the claim of the claimant against the respondent,”
“It has been noted that the respondent is an educated person and was appointed at a salary of Rs.50,000/- p.m. and therefore he was expected to file some material evidence i.e. appointment letter, salary slip etc. on the record to prove the relationship of employee and employer but no such document/evidence has been placed on record.” “The petitioner had to be aware of his rights and should have insisted for the documents. This is not the case where the petitioner is an illiterate person or had been working as a labourer. The petitioner herein, is a professional and an expert in accountancy. It is also cardinal principle that one who makes the claim is bound to prove the same. The claim could not have been granted on the bald assertion,”
Writ Jurisdiction To Be Exercised, Can’t Displace Authority’s Order