1997 (2) TMI 590

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....In order to decide the present application dated 11.12.1996, it appears that the matter is to be gone into on its merits. Both the learned Counsels addressed the Court on the merits of the case. It is agreed by the counsel for both the parties that they have addressed on the merits of the writ petition itself in supporting and opposing the application dated 11.12.1996. They have, therefore, prayed that the writ petition may also be disposed of along with the said application. Accordingly, the writ petition is taken up for hearing along with the application dated 11.12.1996. 2. The learned Counsel for the Petitioner Mr. Vivek Shandilya contends that in view of Regulation 8 of the U.P. Secondary Education Services Commission (Procedure for A....

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....prove includes the power to modify. Therefore, the Commission is empowered to substitute its own order by means of reduction of punishment and since what has been done in the present case. Secondly he contends that the finding of guilt is a finding of fact which has been elaborately dealt with by the Commission. This Court in exercise of writ jurisdiction cannot delve into deciding disputed questions of fact. Over and above, according to him, nothing has been shown as to how the finding of guilt is perverse or is based on no material. The materials relied upon are mostly records and, therefore, it leaves little scope of perversity unless it is shown to the Court from the records itself or at least by pointing out some thing to that end that....

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....n established principle that when an order is open to a superior authority to decide on the merits of it for the purpose of either affirming or reversing the same, the same is also akin to approving or disapproving. Inasmuch as though two different terms have been used, they mean the identical situation. To approve or to disapprove has the same meaning for all practical purposes to affirm or reverse. In respect of the appellate Jurisdiction, it is the consistent view of the High Courts and the Apex Court that the power to affirm or reverse includes the power to modify. Unless such power or Jurisdiction is barred by express provision, the same is always explicit in it. But in the present case, the inclusion of the phrase "or may issue a....

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....he power to approve or disapprove a particular order includes the power to modify such order as well particularly when the structure of the Statute conceives of a liberal interpretation furthering the object and purpose for which the same is incorporated. The purpose and object of incorporation of the approval and disapproval has been ensured to safeguard the interest of the delinquent from the arbitrary and highhanded actions on the part of the Committee of Management. The checks and balance on the high handedness of the Committee of Management, as has been sought to be introduced by reason of incorporation of the power to approve or disapprove, surely will further the object and purpose if the construction as is being made herein, is acce....