Departmental Inquiry : It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of ‘no evidence’. Sufficiency of evidence is not within the realm of judicial review.
Departmental Procedings
Article 311 consists of two sub-articles and their effect is no longer in doubt. The question about the safeguards provided to the public servants in the matter of their dismissal, removal or reduction in rank by the Constitutional provision...
In all other cases, we do not see any difference between initiation of the criminal proceedings by the department vis-a-vis a criminal case lodged by the police. If an employee is involved in embezzlement of funds or is...
It is thus well settled law that strict rules of the Evidence Act, and the standard of proof envisaged therein do not apply to departmental proceedings or domestic tribunal. It is open to the authorities to receive and place...
Union Territory, Chandigarh Administration and Ors. Vs. Pradeep Kumar and Another [SC 2018 JANUARY]
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KEYWORDS:-STANDAR OF PROOF- DATE:-January 08, 2018- While the standard of proof in a criminal case is the proof beyond all reasonable doubt, the proof in a departmental proceeding is preponderance of probabilities. Quite often criminal cases end in acquittal...
West Bengal Act 24 of 1973 [7th May, 1973.]Assent of the Governor was published in the Calcutta Gazette, Extraordinary, dated the 7th May, 1973. An Act to provide for the enforcement of attendance of witnesses and production of documents in certain...
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