A Satish Kumar vs Central Board Of Direct Taxes on 30 January, 2024
6. The charge framed against the Applicant in the departmental inquiry is his
misconduct in the form of lack of devotion to duty, lack of integrity and his
conduct unbecoming of a public servant which are violative of Rule 3 of the
CCS (Conduct) Rules ,1964. The charges framed in the Departmental inquiry
proceedings are sought to be established on the basis of evidences which would
prove preponderance of probability of the misconduct which is evident on
record. It is not necessarily based on the recovery of the bribe money from the
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Applicant alone. The disciplinary proceedings initiated, thus, are based on
lesser degree of proof required than in criminal proceedings. The charge sheet
filed by CBI in the Court is entirely under a different procedure of law and is to
be proved on evidences which are in strict conformity to the law of evidence
which is not the case in departmental proceedings. The Hon'ble Supreme Court
and the High Courts in a catena of judgments in the cases viz., Capt.M.Paul
Anthony vs. Bharat Gold Mines Ltd. & Anr. (1999) 3 SCC 679, Depot Manager
APSRTC vs. Mohd Yousuf Miya in Civil Appeal No.15420-22 of 1996 arising
out of SLP (C) 16386, 16868 & 16920 of 1996, State of Rajasthan vs.
B.K.Meena (1996) 6 SCC 417, Kendriya Vidyalaya Sangathan & Ors. Vs.
T.Srinivas in Civil Appeal No 4985 of 2004 arising out of SLP No.24698 of
2003, Delhi Cloth and General Mills Ltd. Vs. Kushal Bhan AIR 1960 SC 806,
(1960) ILLJ 520 SC, 1960 3 SCR 227, HPCL vs. Sarvesh Berry in Civil Appeal
No.7980 of 2004 arising out of SLP (C) 24560 of 2003, Talluri Srinivas vs. The
Institute of Chartered Accountants of India 2010 (174) DLT 537, Babulal
Verma vs. Union of India: 2008 (3) MhLj 484, in K.G.Premshanker vs.
Inspector of Police and Anr.: Appeal (Crl) 935 of 2002 and R.Kumar vs. The
Superintending Engineer in WP (MD) No.371 of 2013 had decided the question
as to whether the disciplinary proceedings can be allowed to proceed when a
criminal trial is pending on the same charges.