1000 TIT BITS ON DISCIPLINE -66
The Regular Hearing
Standard Proof in Departmental Inquiries
The Regular Hearing
Standard Proof in Departmental Inquiries
240. Unlike criminal proceedings, the standard of proof in departmental inquiries is “Preponderance of Probabilities” and not “Proof beyond reasonable doubt” [Union of India v. Sardar Bahadur, 1972 Lab. IC (SC) 627). But, the principle is to be applied only after the basic facts are proved. Thus, before an inference is drawn, it has be to be ensured that - (i) the primary facts or circumstances from which the inference is drawn are duly proved by direct evidence, oral or documentary, and (ii) there is no missing link in the circumstantial evidence and inferential links, if any, are actually based on legal presumptions.
Mere suspicion, howsoever strong, cannot take the place of evidence or proof [Union of India v. H.C. Goel, AIR 1964 SC 364].
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