DEPARTMENTAL ENQUIRY

Dy Director

No No Mr Jayakumar, preponderance of probability does not mean shifting of burden of prooof.  For the purpose of preponderance of probability a chain or irrefutable fcts need to be proved.  It is not simply that the accused can be asked to prove innosence.  Once such chain is eatablished than it is the accused who has to break and  the same operates in the criminal case. If you are charging Mr A that he hit and injured Mr B at __________ on __________ in front of Mr B&C and the matter was reported to Mr D.  it is the management which has to prove that Mr A&B were there at the time. Mr B was taken to doctor E by Mt G in a car driven by Mr F and Mr B remained on leave for __________ days. All these facts are to be proved by the management by evidence of B,C,D,E,F&G. The medial papers,  leave application of B. Then only prepoonderance of probability will eatablish. Once that preponderance is eatablished then there is no need to provide eivdence like criminal case [i.e. MLC, Blood stained cloths, etc].  Even in case of disporportionate assetts, the management has to prove the value of assets and the income of the accused and spouce once that is done then only it is for the accused to prove that the assetts are accountable and not disporportionate.

 
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Legal consultant

Sudhir ji, I wonder that why a departmental proceeding does not exonerate the C.O on the basis of  benefit of doubt? It is true that the concept of the departmental proceeding does not have application of Evidence Act but what is the basis of evidence which results in punishment or exoneration and what constitutes the definition of Evidence in departmental proceedings? Preponderance of probablity is a vague term when the right to life of an employee is concerned if dismissed and  proved through preponderance of probablity, then why the evidences adduced shall not conform to the Evidence Act? Moreover, when a criminal trial is pending over the identical issue then how the departmental proceeding can prove the charge and punish the employee? Why the departmental proceedings are not stopped till the result of the criminal case?

 
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