Burden Of Proof In Departmental Proceedings Is Of ‘Probabilities Of Misconduct’: Supreme Court

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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.”

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Keywords

Burden Of Proof, Departmental Proceedings, Probabilities Of Misconduct


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