Nand Kishore Prasad vs State Of Bihar And Ors on 19 April, 1978
4. Then coming to the insufficient evidence so far as one
of the charges is concerned, though in 1978 Hon'ble Supreme
W.A.No.1582/12 3
Court in Nand Kishore Prasad v. State of Bihar [1978 SC 1277]
took a view that guilt of the delinquent regarding charges have
to be established beyond reasonable doubt, later it was held that
as the domestic enquiry is quasi civil in nature, preponderance of
probabilities principle has to be adopted to conclude whether
misconduct alleged against the workman was established or not.
Having regard to the materials placed on record, ultimately the
Tribunal opined that first charge alone was not established and
all other charges were established. However, the Tribunal did
not interfere with the punishment imposed. Hence the workman
approached the learned Single Judge.