https://www.taxtmi.com/caselaws?id=172014 Departmental misconduct need not be proved beyond reasonable doubt; the governing standard is preponderance of probabilities based on admissible material that would satisfy a prudent person. Statements recorded in a preliminary enquiry cannot be used as substantive proof in the regular enquiry unless properly introduced there and tested through a fair opportunity, including cross-examination where required. Judicial review does not reappreciate evidence, but interference is justified where findings rest on no evidence, inadmissible material, or an improper shifting of the burden of proof. On that basis, the finding of guilt and compulsory retirement were unsustainable, and the disciplinary action was set aside. en-us Mon, 18 Mar 2013 00:00:00 +0530 Mon, 26 Oct 2015 13:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172014 Departmental misconduct need not be proved beyond reasonable doubt; the governing standard is preponderance of probabilities based on admissible material that would satisfy a prudent person. Statements recorded in a preliminary enquiry cannot be used as substantive proof in the regular enquiry unless properly introduced there and tested through a fair opportunity, including cross-examination where required. Judicial review does not reappreciate evidence, but interference is justified where findings rest on no evidence, inadmissible material, or an improper shifting of the burden of proof. On that basis, the finding of guilt and compulsory retirement were unsustainable, and the disciplinary action was set aside. Case-Laws Indian Laws Mon, 18 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172014