Burden Of Proof In Departmental Proceedings Is Of ‘Probabilities Of Misconduct’

Case: Union of India vs. Dalbir Singh

Coram: Justices Hemant Gupta and V. Ramasubramanian

Case no.: CA 5848 OF 2021

Court Observation: “The allegations in the chargesheet that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them. It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of power of judicial review. It is not the case of the writ petitioner that there was any infraction of any rule or regulations or the violation of the principles of natural justice. The best available evidence had been produced by the appellants in the course of enquiry conducted after long lapse of time.”

[doc id=9849]

Previous Posts

Educational Qualification A Valid Ground For Classification Between Persons Of Same Class In Matters Of Promotion: Supreme Court

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court

Successful Allottee/ Bidder Free To Decide Whether To Continue Any Existing Contracts In Relation To Coal Mining Operation: SC

Order VII Rule 11 CPC: Plaint Has To Be Rejected If Reliefs Claimed In It Cannot Be Granted Under Law: Supreme Court

Change Of Date Of Birth In-Service Records Cannot Be Claimed As Of Right; Can Be Rejected For Delay & Latches: Supreme Court

Assessee Not Liable To Pay Interest On Short Payment Of Advance Tax Due To Default Of Payer In Deducting TDS Before 2012-2013 FY: Supreme Court

Order VII Rule 11 CPC – Plaint Can’t Be Rejected If Limitation Is A Mixed Question Of Law & Fact: Supreme Court

Evidence Act – Failure Of Accused To Discharge Burden U/S 106 Irrelevant If Prosecution Is Unable To Establish Chain Of Circumstances: Supreme Court

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court

Supreme Court Has Repeatedly Said 10 Years Experience In Law Is Sufficient For Appointment As Judicial Member In Tribunals: Bombay High Court

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court Download Judgement

Keywords

Burden Of Proof, Departmental Proceedings, Probabilities Of Misconduct