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Saturday, October 17, 2026
Supreme Court of India
Constitutional Law

Letters Patent Bench Cannot Upset a Just Writ Court Decision Merely on a Different View: Supreme Court

Published: · NyayVidhan

The Supreme Court held that a Division Bench hearing an intra-court appeal under Clause 15 of the Letters Patent cannot overturn a single judge's just and reasonable writ decision merely on a different view; the findings must be demonstrably erroneous. It restored the order setting aside a Periyar University Deputy Registrar's removal, as the inquiry findings rested on conjecture, not evidence (paras 20, 29-30).

Letters Patent Bench Cannot Upset a Just Writ Court Decision Merely on a Different View: Supreme Court

Judgment Intelligence

Petition Allowed
R. Saravanan v. Periyar University (rep. by its Registrar) & Ors.
2026 INSC 1136
Civil Appeal No. 13812 of 2026 (arising out of SLP (C) No. 4216 of 2020)
Court
Supreme Court of India
Date of Decision
16 October 2026
Bench
Justices Prashant Kumar Mishra and Shree Chandrashekhar
Relevant Acts & Sections
Constitution of India — Articles 226, 311; Letters Patent of the Madras High Court — Clause 15; Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 — Rules 17, 19
Final Outcome

Appeal allowed. The Division Bench judgment of 29 August 2019 in W.A. No. 2329 of 2018 is set aside and the writ court's decision in W.P. No. 23936 of 2013 is restored; no order as to costs (paras 30-31).

Key holdings

  1. A finding in a domestic inquiry resting on conjecture, with no supporting evidence, is perverse and open to correction by certiorari (paras 17, 21).
  2. Exhaustion of a statutory appeal is a self-imposed rule of convenience, not a bar, and a writ court may entertain a challenge to removal from service (para 22).
  3. A Letters Patent appeal lies on fact and law, but the Bench should be slow to interfere with the writ court's exercise of discretion (paras 27-28).
  4. The Letters Patent Bench may interfere only where findings are demonstrably erroneous and the mistake is glaring on the face of the record (para 29).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

R. Saravanan, Deputy Registrar of Periyar University, was removed from service from 27 July 2013 after a one-man Commission headed by a retired judicial officer held three charges proved: influencing affiliation of a college where his wife was a managing trustee, owning a house in his mother's name, and buying a car without permission (paras 3-5). A single judge of the Madras High Court interfered with the removal, finding the inquiry findings unsupported by any material (para 7). In 2019 a Division Bench, hearing the University's appeal under Clause 15 of the Letters Patent, re-appreciated the material and restored the penalty (paras 3, 7, 30).

Court's Findings

The inquiry was validly held: he had the charge memorandum, 22 witnesses were examined in his presence, and the Commission was properly appointed (paras 11-12). Its findings were not: charge 1 was held proved because he "could have" influenced affiliation, charge 4 by presuming ownership when he did not produce the title deed, and charge 10 merely for want of permission (paras 13-15). An inquiry officer is not a prosecutor, and a finding on conjecture is perverse; a finding based on no evidence is an error of law open to certiorari (paras 16-18, 21). The writ court rightly interfered without re-appraising evidence, and the alternative remedy of appeal is a rule of convenience, not a bar, least of all for removal from service (paras 20, 22). A Letters Patent appeal lies on fact and law, but the Bench must be slow to disturb the writ court's discretion and may interfere only where findings are demonstrably erroneous (paras 27-29). The Division Bench re-appreciated the evidence and drew adverse inferences without cogent reason (paras 23, 30).

Legal Principle

A Letters Patent Bench hearing an intra-court appeal against a writ court's decision under Article 226 cannot interfere merely because it takes a different view or finds some error; it may do so only where the findings are demonstrably erroneous and the mistake glaring. A just and reasonable writ decision must stand (paras 28-29).

Precedents Relied Upon

  1. Bharat Iron Works v. Bhagubhai Balubhai Patel (1976) 1 SCC 518
    Referred To Discussed at ¶ 7

    Relied on by the writ court: a finding with no evidence to support it is perverse.

  2. Rajinder Kumar Kindra v. Delhi Administration (1984) 4 SCC 635
    Relied Upon Discussed at ¶ 7, 20

    A finding not supported by any evidence is perverse; there is a difference between appraisal of evidence and total lack of evidence.

  3. Viveka Nand Sethi v. Chairman, J&K Bank Ltd. (2005) 5 SCC 337
    Relied Upon Discussed at ¶ 10

    A distinction must be drawn between substantive violation and technical infringement of the rules of natural justice.

View all precedents (23)
  1. State of U.P. v. Neeraj Awasthi (2006) 1 SCC 667
    Relied Upon Discussed at ¶ 10

    A distinction must be drawn between substantive violation and technical infringement of the rules of natural justice.

  2. Mohd. Sartaj v. State of U.P. (2006) 2 SCC 315
    Relied Upon Discussed at ¶ 10

    A distinction must be drawn between substantive violation and technical infringement of the rules of natural justice.

  3. P.D. Agrawal v. State Bank of India (2006) 8 SCC 776
    Relied Upon Discussed at ¶ 10

    A distinction must be drawn between substantive violation and technical infringement of the rules of natural justice.

  4. M.C. Mehta v. Union of India (1999) 6 SCC 237
    Relied Upon Discussed at ¶ 10

    Courts may in their discretion refuse a writ even where the facts are admitted and natural justice was not followed.

  5. Hari Vishnu Kamath v. Ahmad Ishaque AIR (1955) SC 233
    Relied Upon Discussed at ¶ 18

    Constitution Bench authority on certiorari under Article 226: it corrects errors of jurisdiction and errors of law apparent on the record, including findings based on no evidence, but is supervisory, not appellate.

  6. The Custodian of Evacuee v. Khan Saheb Abdul Shukoor AIR (1961) SC 1089
    Relied Upon Discussed at ¶ 18

    Constitution Bench authority on certiorari under Article 226: it corrects errors of jurisdiction and errors of law apparent on the record, including findings based on no evidence, but is supervisory, not appellate.

  7. T.C. Basappa v. T. Nagappa AIR (1954) SC 440
    Relied Upon Discussed at ¶ 18

    Certiorari lies in appropriate cases and is generally granted where a court has acted without or in excess of its jurisdiction.

  8. Syed Yakoob v. K.S. Radhakrishnan AIR (1964) SC 477
    Relied Upon Discussed at ¶ 18

    Certiorari is a supervisory jurisdiction; findings of fact cannot be reopened, but a finding based on no evidence is an error of law correctable by the writ.

  9. State of Maharashtra v. Prabhu (1994) 2 SCC 481
    Relied Upon Discussed at ¶ 19

    Writ powers are exercised for the sake of justice and may be withheld where interference would cause greater harm to society.

  10. Ritesh Tewari v. State of U.P. (2010) 10 SCC 677
    Relied Upon Discussed at ¶ 19

    A writ can issue only in case of a grave miscarriage of justice or a flagrant violation of law.

  11. Mohan Pandey v. Ushal Rani Rajgaria (1992) 4 SCC 61
    Relied Upon Discussed at ¶ 19

    The jurisdiction under Article 226 is not intended to replace an ordinary remedy by way of a suit.

  12. Mohammad Hanif v. State of Assam (1969) 2 SCC 782
    Relied Upon Discussed at ¶ 19

    The writ remedy is not appropriate where the decision may amount to a decree declaring title and restoring possession.

  13. Delhi Cloth and General Mills Company v. Ludh Budh Singh (1972) 1 SCC 595
    Referred To Discussed at ¶ 23

    Relied on by the writ court: the party making allegations must establish the misconduct.

  14. P.S. Sathappan v. Andhra Bank Ltd.
    Relied Upon Discussed at ¶ 27

    The Letters Patent is a subordinate legislation (the judgment cites it as "(2004) SCC 672").

  15. Asha Devi v. Dukhi Sao (1974) 2 SCC 492
    Relied Upon Discussed at ¶ 27

    The limits of Sections 100 and 101 CPC do not bind a Letters Patent Bench hearing an appeal from a Single Judge in a first appeal; it may examine both fact and law.

  16. B. Venkatamuni v. C.J. Ayodhya Ram Singh (2006) 13 SCC 449
    Referred To Discussed at ¶ 27

    A Letters Patent appeal lies on questions of law and of fact, and the Letters Patent Bench may review findings of fact.

  17. Gaudiya Mission v. Shobha Bose (2008) 17 SCC 714
    Referred To Discussed at ¶ 27

    A Letters Patent appeal lies on questions of law and of fact, and the Letters Patent Bench may review findings of fact.

  18. Sachida Nand Lal v. State of Bihar (2008) 17 SCC 596
    Referred To Discussed at ¶ 27

    A Letters Patent appeal lies on questions of law and of fact, and the Letters Patent Bench may review findings of fact.

  19. Chatti Konati Rao v. Palle Venkata Subba Rao (2010) 14 SCC 316
    Referred To Discussed at ¶ 27

    A Letters Patent appeal lies on questions of law and of fact, and the Letters Patent Bench may review findings of fact.

  20. Alapati Kasi Viswanatham v. A. Sivarama Krishnayya
    Relied Upon Discussed at ¶ 27

    Five-Judge Bench (C.A. No. 232 of 1961, decided on 11.01.1963): a Letters Patent appeal from a first appeal is not a second appeal, and the Bench may review findings of fact, though it should be slow to disturb concurrent findings.

NyayVidhan
Court Judgments · 2 min read
Decided: October 16, 2026 Justices Prashant Kumar Mishra and Shree Chandrashekhar
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