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(iii) Whether the nature of a
charge in a criminal case is grave
and whether complicated
questions of fact and law are
involved in that case, will depend
upon the nature of offence, the
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nature of the case launched
against the employee on the basis
of evidence and material collected
against him during investigation
or as reflected in the charge-
Ajit Kumar Nag vs G.M.(P.J.)Indian Oil Corporation. ... on 19 September, 2005
In criminal law, burden of
proof is on the prosecution and unless the
prosecution is able to prove the guilt of the
accused "beyond reasonable doubt", he cannot
be convicted by a court of law. In a
departmental enquiry, on the other hand,
penalty can be imposed on the delinquent officer
on a finding recorded on the basis of
"preponderance of probability". Acquittal of the
appellant by a Judicial Magistrate, therefore,
does not ipso facto absolve him from the liability
under the disciplinary jurisdiction of the
Corporation. We are, therefore, unable to uphold
the contention of the appellant that since he was
acquitted by a criminal court, the impugned
order [Ajit Kumar Nag v. Indian Oil Corpn. Ltd.,
2004 SCC On Line Cal 59: (2004) 4 LLN 512]
dismissing him from service deserves to be
quashed and set aside."
Shashi Bhusan Prasad vs Inspector General, Cisf on 1 August, 2019
Acquittal by the court of competent jurisdiction
in a judicial proceeding does not ipso facto
absolve the delinquent from the liability under
the disciplinary jurisdiction of the authority.
This what has been considered by the High
Court in the impugned judgment [Shashi
Bhusan Prasad v. CISF, 2008 SCC On Line Ori
544 : 2008 Lab IC 3733] in detail and needs no
interference by this Court.
Article 226 in Constitution of India [Constitution]
G.M. Tank vs State Of Gujarat & Anr on 10 May, 2006
9. Thus, as per the ratio laid down in the
aforementioned judgments, a single act can
lead to initiation of departmental proceedings
and also a criminal case against the person.
The State Of Assam And Another vs Mahendra Kumar Das And Others on 18 March, 1970
"26. In our opinion the learned Single Judge and
consequently the Division Bench of the High Court
did not pose unto themselves the correct
question. The matter can be viewed from two
angles. Despite limited jurisdiction a civil court, it
was entitled to interfere in a case where the
report of the Enquiry Officer is based on no
evidence. In a suit filed by a delinquent employee
in a civil court as also a writ court, in the event
the findings arrived at in the departmental
14
proceedings are questioned before it should keep
in mind the following: (1) the enquiry officer is not
permitted to collect any material from outside
sources during the conduct of the enquiry. [See
State of Assam and Anr. v. Mahendra Kumar Das
and Ors. [(1970) 1 SCC 709] (2) In a domestic
enquiry fairness in the procedure is a part of the
principles of natural justice [See Khem Chand v.
Union of India and Ors. (1958 SCR 1080)
and State of Uttar Pradesh v. Om Prakash
Gupta (1969) 3 SCC 775]. (3) Exercise of
discretionary power involve two elements - (i)
Objective and (ii) subjective and existence of the
exercise of an objective element is a condition
precedent for exercise of the subjective element.
Khem Chand vs The Union Of India And Others on 13 December, 1957
"26. In our opinion the learned Single Judge and
consequently the Division Bench of the High Court
did not pose unto themselves the correct
question. The matter can be viewed from two
angles. Despite limited jurisdiction a civil court, it
was entitled to interfere in a case where the
report of the Enquiry Officer is based on no
evidence. In a suit filed by a delinquent employee
in a civil court as also a writ court, in the event
the findings arrived at in the departmental
14
proceedings are questioned before it should keep
in mind the following: (1) the enquiry officer is not
permitted to collect any material from outside
sources during the conduct of the enquiry. [See
State of Assam and Anr. v. Mahendra Kumar Das
and Ors. [(1970) 1 SCC 709] (2) In a domestic
enquiry fairness in the procedure is a part of the
principles of natural justice [See Khem Chand v.
Union of India and Ors. (1958 SCR 1080)
and State of Uttar Pradesh v. Om Prakash
Gupta (1969) 3 SCC 775]. (3) Exercise of
discretionary power involve two elements - (i)
Objective and (ii) subjective and existence of the
exercise of an objective element is a condition
precedent for exercise of the subjective element.
State Of Uttar Pradesh vs Om Prakash Gupta on 28 October, 1969
"26. In our opinion the learned Single Judge and
consequently the Division Bench of the High Court
did not pose unto themselves the correct
question. The matter can be viewed from two
angles. Despite limited jurisdiction a civil court, it
was entitled to interfere in a case where the
report of the Enquiry Officer is based on no
evidence. In a suit filed by a delinquent employee
in a civil court as also a writ court, in the event
the findings arrived at in the departmental
14
proceedings are questioned before it should keep
in mind the following: (1) the enquiry officer is not
permitted to collect any material from outside
sources during the conduct of the enquiry. [See
State of Assam and Anr. v. Mahendra Kumar Das
and Ors. [(1970) 1 SCC 709] (2) In a domestic
enquiry fairness in the procedure is a part of the
principles of natural justice [See Khem Chand v.
Union of India and Ors. (1958 SCR 1080)
and State of Uttar Pradesh v. Om Prakash
Gupta (1969) 3 SCC 775]. (3) Exercise of
discretionary power involve two elements - (i)
Objective and (ii) subjective and existence of the
exercise of an objective element is a condition
precedent for exercise of the subjective element.
K. L. Tripathi vs State Bank Of India And Others on 4 October, 1983
[See K.L. Tripathi v. State of Bank of India and
Ors. (1984) 1 SCC 43]. (4) It is not possible to lay
down any rigid rules of the principles of natural
justice which depends on the facts and
circumstances of each case but the concept of fair
play in action is the basis.