SHASHI BHUSAN PRASAD V. INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE & ORS.

The Hon’ble SC without interfering with the decision of the Orissa HC observed that Criminal and Departmental Proceedings are entirely different. In criminal law, burden of proof is on the prosecution and unless the prosecution is able to prove the guilt of the accused beyond reasonable doubt, he cannot be convicted by a Court of law whereas in the departmental enquiry, penalty can be imposed on the delinquent on a finding recorded on the basis of ‘preponderance of probability’.- Hon'ble Justices N.V. Ramana,Mohan M. Shantanagoudar and Ajay Rastogi [01-08-2019]
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