Disciplinary evidence on preponderance of probability sustained where material had nexus to the charge and punishment was upheld.

In disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, misconduct need only be established on a preponderance of probability, not beyond reasonable doubt. The Court accepted that departmental material, including evidence indicating receipt of a bribe share, had been considered by the Enquiry Officer and the Tribunal, and held that the criminal-law rule on the evidential value of a Section 164 CrPC statement had limited relevance in this context. Hearsay was not wholly excluded where it had a nexus to the charge. The Tribunal's refusal to interfere with the punishment was therefore sustained, and no ground for judicial interference was made out.

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Issues: Whether the punishment imposed in disciplinary proceedings was liable to be interfered with on the ground that the evidence was insufficient and the enquiry was vitiated.

Analysis: The disciplinary enquiry was conducted under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965. In disciplinary proceedings, the charge is not required to be proved beyond reasonable doubt; proof on a preponderance of probability is sufficient. The evidence relied on by the department, including material showing receipt of bribe share, was considered by the Enquiry Officer and the Tribunal. The criminal-law rule governing the evidential value of a statement under Section 164 of the Code of Criminal Procedure, 1973 was held to be of limited assistance because the matter arose in a disciplinary context. The Court also noted that hearsay evidence is not wholly excluded in such proceedings if it has some nexus to the charge.

Conclusion: The Tribunal's refusal to interfere with the punishment was sustained, and no ground for judicial interference was made out.

Final Conclusion: The challenge to the disciplinary penalty and the Tribunal's order failed, and the petitioner was not entitled to relief.

Ratio Decidendi: In disciplinary proceedings, misconduct may be established on a preponderance of probability, and the Court will not interfere with the findings if they are supported by relevant material having nexus to the charge.

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