DEPARTMENTAL ENQUIRY


IN A DEPARTMENTAL ENQUIRY, On whom does the burden of prof lies? whether the deliuent has to prove that he is not guilty or before that the departmnet has to produce sufficient evidence to prove that the deliquent officer is guilty. Pleas quote some important judgements. 
 
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burden of proof lies on the department.

 
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The burden of proof lies on the employer to prove the misconduct


in the domestic enquiry

 
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Dear friend,


obiviously, the burden of proof lies on the organisation which is conducting a domestic enquiry against the deliquent employee.


With regards


V. Krishnan

 
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Dear friend,


The Rules of Evidence Act and the "Standard of proof" envisged therein do not apply to Departmental proceedings.  The preponderance of probabilities tending to draw an inference is sufficient to take action.  In the Departmental proceedings only the the Enquiry officer has to weigh the probabilities and come to the conclusion that the charges are proved.  Thus the burden is always on the "Employer" to prove the charges.  


Facts, Circumstances & evidences differ from case to case. 


However, the judgment reported in 2006(3) LLN 158 M.V.Bijlani Vs UOI para 25 may be relevant for your query.


Yours friendly,


Krishnamoorthy.  

 
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In a departmental enquiry, a charge sheet was issued based on a complaint received. Should not the complainant be exanuned during proceedings ?

 
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Dear

    the burden of proof lies  with  the officer who presents the  case on behalf of the  department

 the enquiry  officer  has to go thro all evidences  , by way of  natural justice, giving  all the  cahnces to the  charged officil,  finally conclude the chrge as proved  or not proved The charged officer can engage  the defence assistant in his case  to counter

 yours   friendly,

 v murali

 executive BSNL

 
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Legal Advisor

Dear All,

My views are different.  In a departmental inquiry the management has chargesheeted the deliquent employee.  Now the onus lies on the Chargesheeted employee to prove that he is not guilty.  When we are chargesheeting an employee it implies that the charges are substantiated against the employee.  The onus lies on the CSE to prove that he is not guilty and that is the thumb rule.

 
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Dy Director

Not agreeing with any other blog and stongley disagreeing with the view of Jayakumtekar The opnus of proof generally lies on the management and the chargesheet is required to includ ethe list of documents and person on whose evidence the charges are sought to be proved there are exception to the same in specific case (i.e. charges of asstts beyond known souces of income, allegation of undue favour) The problems is  that you are not disclosing full facts of the case and asking a vague query.

 
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Legal Advisor

The same can be equated by Criminal Chargesheet. for better understanding.  When a chargesheet is made against the accused person it means that the charges are levelled against him.  It is the onus of the accused person to defend to that charges to prove that he is not guilty of any offence.  Whereas in the Criminal proceedings the guilt has to be proved beyond reasonable doubt and whereas in Domestic inquiry it is based on preponderance of probability.

 
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