Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the criminal proceedings does. The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities. "…the acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities to continue and to consequentially result into a penalty inclusive of a penalty of termination of service in the event of an employee having been held to have violated the service rules," the Court observed. It was also submitted that merely because the petitioner was acquitted in the criminal trial was no ground to set aside the Departmental Enquiry findings which had conclusively established that the petitioner had committed misconduct and thus, after a fair and proper enquiry held by the Department of the charge having been held to have been established against him, he had been punished for his misbehavior by termination of his service.