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The Management Of Tamil Nadu State ... vs S. Arulanandam And The Presiding ... on 31 October, 2003 cites

Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999

14. Reference to acquittal by Criminal Court is irrelevant. Apart from the accepted proposition of law that in a departmental proceeding strict Rules of evidence are not applicable, the verdict before the Criminal Court is conditional and occassioned by several factors inclusive of proof beyond reasonable doubt. In contrast, it is noteworthy that in the claim petition, the Motor Accident Claims Tribunal had passed an award of Rs.1,07,944/- against the Corporation which is possible only after establishing negligence on the part of the driver. It is not the case of the employee that compensation by Motor Accidents Claims Tribunal was awarded due to no-fault liability. Proceedings before different fora have to be adjudicated on the basis of the evidence before the respective forum and the nature of the proceedings and proof which is required before each of the forum. No reference has been made to any statutory provision or binding judgment that on acquittal by the Criminal Court, the delinquent should be automatically relieved from the Departmental proceeding. This is also not a case of the Departmental enquiry having been conducted ex parte which may justify this Court to prefer the finding of the Criminal Court. The judgment of the Supreme Court to which frequent reference is made viz., PAUL ANTHONY v. BHARAT GOLD MINES LTD. is a case of ex parte departmental enquiry. In fact in the very same judgment, the Supreme Court had pointed out that proceedings in a Criminal case and the departmental proceedings operate in distinct and different jurisdictional areas and that the standard of proof required in the departmental proceedings is different than as required in a Criminal case and that while in the departmental proceedings the standard of proof is one of preponderance of the probabilities, in a Criminal case, the charge has to be proved beyond reasonable doubt. Therefore, it is not possible to accept the contention that the departmental proceedings should be automatically dropped on the acquittal by the Criminal Court.
Supreme Court of India Cites 17 - Cited by 1683 - S S Ahmad - Full Document
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