Mani vs Group Commandant on 10 April, 2007
38. As held by the Hon'ble Apex Court, in the decision T.N.C.S.Corpn. Ltd., v. K.Meerabai, reported in 2006 (2) SCC 255, a criminal proceeding is different from departmental enquiry, with regard to standards of proof required. In a criminal case, unless the guilt against a person is not proved beyond reasonable doubt, one cannot be punished and the benefit of doubt should be given only to the accused, but in the departmental enquiry, it is not so, in the departmental enquiry, it is clear that preponderance of probability is sufficient to prove the charges. As contended by the learned counsel for the respondents, the criminal court has acquitted the accused, only by giving benefit of doubt in favour of the appellant. Therefore, it cannot be construed as a Honourable acquittal.