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Shiv Pujan Prasad Son Of Late Kalp Nath vs State Of U.P. Through Principal ... on 27 March, 2006

In view of law laid down by Hon'ble Apex Court referred herein before and particularly in State of Karnataka and Anr. v. T. Venkataramnappa (supra), the Disciplinary Authority was competent enough to decide the matter under relevant service rules on the basis of material available with it in spite of fact that criminal prosecution launched against the petitioner has failed on account of fact that police has submitted final report against him and Chief Judicial Magistrate has accepted it and no further steps were taken to challenge the order passed by C.J.M., Lucknow dated 12.9.2001. The findings of Inquiry Officer and Disciplinary Authority could also not be successfully assailed by learned Counsel for the petitioner under settled parameters of judicial review. Therefore, no fault can be found on that score, with regard to the conclusions drawn by Disciplinary Authority. The writ petition is devoid of merits, at the moment the petitioner is not entitled for any relief claimed in the writ petition, thus no interference is called for under Article 226 of the Constitution of India in the order impugned in the writ petition.
Allahabad High Court Cites 24 - Cited by 3 - Full Document

Vivekanand Singh vs Delhi Development Authority on 18 March, 2016

7. In our opinion, the tribunal has rightly drawn a distinction between the criminal proceedings and the articles of charge on which the petitioner had faced disciplinary proceedings. Criminal proceedings were separate and distinct. The judgment in the criminal proceedings would depend upon evidence led and produced. It would also depend upon whether there was violation of the provisions of Section 409 or 411 IPC. Further, in criminal W.P. (C) 2208/2016 Page 3 of 5 proceedings the principle of benefit of doubt applies, whereas in departmental proceedings the standard of proof required is different as they are decided on the principle of preponderance of probability. The tribunal in the impugned judgment has rightly referred to the decisions of the Supreme Court in Nelsom Motis versus Union of India and Another, AIR 1992 SC 1981, State of Karnataka and Another versus T. Venkataramanappa, (1996) 6 SCC 455, State of Karnataka and Another versus T. Venkataramanappa, (1996) 6 SCC 455, State of Andhra Pradesh versus K. Allabaksh, (2000) 10 SCC 177 and Ajit Kumar Nag versus General Manager (PJ) Indian Oil Corporation Limited, (2005) 7 SCC 764 wherein it has been held that acquittal in a criminal case need not be a bar to the departmental enquiry, for in the criminal trial the standard of proof is stricter and in disciplinary proceedings what is required to be proved and shown is misconduct and the standard required is preponderance of probability. Acquittal in a criminal case cannot be construed as clear exoneration from departmental proceedings
Delhi High Court Cites 6 - Cited by 0 - S Khanna - Full Document

Rajesh Kumar Sharma vs The State Of Madhya Pradesh on 19 November, 2018

In State of Karnataka & Anr. v. T. Venkataramanappa, (1996) 6 SCC 455, this Court held that acquittal in a criminal case cannot be held to be a bar to hold departmental enquiry for the same misconduct for the reason that in a criminal trial, standard of proof is different as the case is to be proved beyond reasonable doubt but in the departmental proceeding, such a strict proof of misconduct is not required.
Madhya Pradesh High Court Cites 25 - Cited by 0 - Full Document

Zila Sahkari Kendriya Bank Mar. Raj vs Tek Ram Nirmalkar 107 Wp227/509/2019 ... on 26 June, 2019

In State of Karnataka & Anr. v. T. Venkataramanappa, (1996) 6 SCC 455, this Court held that acquittal in a criminal case cannot be held to be a bar to hold departmental enquiry for the same misconduct for the reason that in a criminal trial, standard of proof is different as the case is to be proved beyond reasonable doubt but in the departmental proceeding, such a strict proof of misconduct is not required.
Chattisgarh High Court Cites 16 - Cited by 0 - P S Koshy - Full Document

V.Elangovan vs The Government Of Tamil Nadu on 23 July, 2021

In State of Karnataka v. T. Venkataramanappa [(1996) 6 SCC 455 : 1996 SCC (L&S) 1462] , this Court held that acquittal in a criminal case cannot be held to be a bar to hold departmental enquiry for the same misconduct for the reason that in a criminal trial, standard of proof is different as the case is to be proved beyond reasonable doubt but in the departmental proceeding, such a strict proof of misconduct is not required.
Madras High Court Cites 28 - Cited by 0 - V M Velumani - Full Document

Surendra Kumar Meena vs Central Excise And Customs on 27 March, 2023

Central Administrative Tribunal - Ahmedabad Cites 18 - Cited by 0 - Full Document

Jitendra Kumar Yadav vs Union Of India And 3 Others on 21 April, 2022

In another case of State of Karnataka & Anr. Vs T. Venkataramanappa, (1996) 6 SCC 455, the Apex Court held that acquittal in a criminal case cannot be held to be a bar to hold departmental enquiry for the same misconduct for the reason that in a criminal trial, standard of proof is different as the case is to be proved beyond reasonable doubt but in the departmental proceeding, such a strict proof of misconduct is not required. In the said case, the departmental proceedings had been quashed by the Tribunal as the delinquent had been acquitted by the criminal court of the same charges.
Allahabad High Court Cites 17 - Cited by 0 - M R Chauhan - Full Document
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