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    <title>1999 (7) TMI 703 - Supreme Court</title>
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    <description>A disciplinary authority may differ from an Enquiry Officer if it records reasons for disagreement and relies on evidence already on record; judicial review is confined to checking whether there is some supporting evidence or whether the finding is vitiated by mala fides or perversity. On the facts stated, the High Court was said to have gone beyond that limit by reappreciating evidence, so the misconduct finding was restored. The sealed cover procedure applies only when disciplinary or criminal proceedings are pending when promotion is considered; later departmental proceedings cannot retrospectively defeat a promotion already earned, so the promotion with effect from 1.1.1986 was maintained.</description>
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