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11. In State of Andhra Pradesh and Ors. v. S. Sree Rama Rao reported in AIR 1963 SC 1723 the question in controversy before the Hon'ble Apex Court was as to whether the Rule to prove offence in criminal trial beyond reasonable doubt is applicable in proving misconduct in disciplinary proceedings or not? The aforesaid question was answered by Hon. Apex Court in detail and it was held that the rule to prove offence in criminal trial beyond reasonable doubt is not applied in proving misconduct of employee in departmental disciplinary proceeding and it was also held that the findings of criminal court is not always binding upon the departmental authorities holding disciplinary inquiry against such government employee. For ready reference the relevant extract of para 7 and 8 is quoted as under: -

26. On a conspectus of the whole issue, the conclusions, which are deducible from the provisions of Article 311(2) of the Constitution of India and the relevant service rule and various decisions of the Hon'ble Apex Court, other High Courts and this Court are as under:-

(i) Rule to prove the offence in criminal trial beyond reasonable doubt is not applicable in proving misconduct in disciplinary proceedings, as the strict rule of evidence is also not applicable in disciplinary proceedings under domestic inquiry. It is also well known that the domestic tribunal is not bound by several rules that are binding on appreciation of evidence by a criminal Court. As for instance, a criminal Court would not accept the evidence of an accomplice, unless corroborated in material particulars, while the departmental inquiry may base its finding on the uncorroborated testimony of the accomplice.