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A Meenambal vs Department Of Posts on 27 September, 2024 cites

Union Of India & Ors vs P.Gunasekaran on 3 November, 2014

Departmental inquiry is not like a criminal charge and it has not to be proved beyond doubt. Preponderance of probabilities is enough to substantiate the case in a departmental inquiry. Hence, the argument of the applicant that it is a case of no evidence as all the evidences are borne out from the records is not acceptable. A Plethora of documents have been produced before us in this Original Application by the respondents which have not been controverted by the applicant, and those documents clearly substantiated the case of the Department. Hence, clearly, there is sufficient proof, and also in 25 O.A.Nos.170/00490/ 2023/CAT/BANGALORE the case of disciplinary inquiry, the scope of judicial review is very limited. There are a plethora of case laws which restrict the scope of judicial review and re-appreciation of evidence by the judicial authorities. The leading case of the Hon'ble Apex Court in the case of Union of India v. P.Gunasekaran 2015 (2) S.C.C. Page 610) in paras 12, 13 & 20 has held as follows:-
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