preponderance and probability
aranganathan
(Querist) 13 September 2010
This query is : Resolved
if the foundational fact is not proved in a departmental inquiry. but the inquiry officer finding is on the preponderance and probability . is it right as per law or not ?
aranganathan
Devajyoti Barman
(Expert) 13 September 2010
It is right that in civil jurisprudence the yardstick for proof is 'preponderance of probability' but in departmental inquiry satisfaction of that principle alone is not sufficient. Some concrete proof to substantiate the charges are necessary.
s.subramanian
(Expert) 14 September 2010
Yes. You are right. Report of the inquiry officer will not stand judicial scrutiny.