Commission's authority to modify punishments upheld under Regulation 8 without interference with findings of fact

The Court upheld the authority of the Commission to modify punishments under Regulation 8, emphasizing that the power to approve or disapprove implicitly includes the power to modify. It highlighted that the Court should not presume an act is prohibited unless expressly stated and cannot interfere with findings of fact unless based on no material or perverse. The Court found no basis for interference with the Commission's order inflicting punishment, dismissing the application and writ petition without costs.

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Issues:
Interpretation of Regulation 8 of U.P. Secondary Education Services Commission (Procedure for Approval of Punishment) Regulations, 1985; Jurisdiction of the Commission to modify punishment; Validity of the Commission's order inflicting punishment; Whether the finding of guilt is supported by material and not perverse.

Analysis:

Issue 1: Interpretation of Regulation 8
The Petitioner argued that the Commission exceeded its jurisdiction by passing a fresh order inflicting punishment instead of merely approving or disapproving the punishment proposed by the Committee of Management. The Respondent contended that Regulation 8 allows the Commission to issue any other directions deemed fit, including modifying the punishment. The Court held that the power to approve or disapprove implicitly includes the power to modify, and the phrase "may issue any other directions deemed fit" indicates the authority to modify punishments. The Court emphasized interpreting statutes to further their objectives and rejected the Petitioner's narrow interpretation of the regulation.

Issue 2: Jurisdiction to Modify Punishment
The Court reiterated that unless expressly prohibited, the Court should not presume an act is prohibited. It emphasized that the power to approve or disapprove a particular order includes the power to modify it, especially when the statute aims to prevent arbitrary actions by the Committee of Management. Referring to legal precedents, the Court highlighted the principle that prohibitions cannot be permitted unless expressly stated, and the Tribunal can possess necessary powers to ensure justice.

Issue 3: Finding of Guilt
The Court emphasized that a writ court cannot decide disputed questions of fact and can only interfere with findings of fact if they are based on no material, perverse, or unreasonable. After reviewing the Commission's order and reasoning, the Court found no basis for interference, as the punishment imposed was not excessive or unwarranted based on the proven charges against the Petitioner. The Petitioner failed to demonstrate any perversity in the findings or lack of supporting material.

Conclusion
The Court declined to interfere with the Commission's order, dismissing the application dated 11.12.1996. As a result, the writ petition was also dismissed, with no order as to costs. The judgment upheld the Commission's authority to modify punishments under Regulation 8 and emphasized the limitations of the Court in interfering with findings of fact unless based on no material or perverse.

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