Published on: November 29, 2023 at 12:25 IST
Court: Supreme Court of India
Citation: West Bokaro Colliery V. Ram Pravesh Singh (2008)
Honourable Supreme Court of India has held that standard of proof in a criminal case is proof beyond all reasonable doubt, the standard of proof in a departmental proceeding is preponderance of probabilities. It is held that the acquittal in a Criminal Case would not operate as a bar for drawing up of a disciplinary proceeding against a delinquent person.
20. The Tribunal has set aside the report of the enquiry officer and the order of dismissal passed by the punishing authority by observing that the charges against the respondent were not proved beyond reasonable doubt. It has repeatedly been held by this Court that the acquittal in a criminal case would not operate as a bar for drawing up of a disciplinary proceeding against a delinquent. It is well-settled principle of law that yardstick and standard of proof in a criminal case is different from the one in disciplinary proceedings. While the standard of proof in a criminal case is proof beyond all reasonable doubt, the standard of proof in a departmental proceeding is preponderance of probabilities.
Drafted By Abhijit Mishra
