Service -- Departmental proceedings - FIR cannot be treated as evidence - Confession before police - Not to be relied upon when there is plea by employee that he was forced to sign on the confession as he was tortured in the police station and confession is not proved - Charge against employee can only be proved when there is some, direct or indirect evidence on record...........
Service -- Departmental proceedings - Suspicion, however high may be, can under no circumstances be held to be a substitute for legal proof...........
Constitution of India, 1950, Article 226 -- Departmental proceedings - Punishment - Quantum of punishment - Judicial review - Recovery of loss - Apart from petitioner there were four other members of the Committee constituted for purchase of papers - Recovery of whole loss from petitioner - The punishment imposed upon the petitioner was extremely disproportionate to the..........
Service -- Departmental proceedings - Acquitted of a criminal charge - By itself not a ground not to initiate departmental proceedings or to drop the same in the event an order of acquittal is passed...........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Termination - After holding departmental proceedings - The checking of the bus by flying squad is admitted by the workman - The petitioner himself admitted that eight passengers were apprehended - Thus there was no need to examine the passengers - A fair and reasonable opportunity was afforded to the petitioner to cross..........
Criminal Procedure Code, 1973, Section 156, 190 -- FIR - If not registered or copy of FIR not supplied - Court of Magistrate can be moved - Magistrate can order to register FIR and to supply copy of FIR within 24 hours - In case such an order is violated contempt proceedings can be initiated - Disciplinary Authority in departmental proceedings can suspend such an officer...........
Service -- Departmental proceedings - Standard of proof - Misconduct need not be proved beyond all reasonable doubt but the standard of proof is as to whether the test of pre-ponderance of probability has been met...........
Service -- Departmental proceedings - Onus of proof - When both parties had adduced evidence onus of proof loses all its significance for all practical purposes...........
Service -- Enquiry - Respondent was proceeded with both on charges of criminal misconduct as also civil misconduct on the same set of facts - Held, that on the same set of facts delinquent shall not be proceeded against in a departmental proceedings and in a criminal case simultaneously, however it depends upon facts of each case...........
Evidence Act, 1872, Section 58 -- Admission - Departmental proceedings - Delinquent officially pleaded guilty in answer to the charges - Charges having been admitted, are not required to be proved...........
