https://www.taxtmi.com/caselaws?id=4144 Acquittal in a criminal case does not by itself bar departmental action because the two proceedings apply different standards of proof. A later disciplinary proceeding, however, must still rest on fair procedure, bona fide initiation, and relevant evidence capable of proving misconduct on a preponderance of probability. Where the department had earlier accepted the employee's explanation, the criminal court found no proof of misappropriation or conspiracy, and the inquiry was marked by denial of defence assistance, refusal to examine a defence witness, bias, and evidence unsupported by record, the disciplinary finding is vulnerable as perverse and unsustainable. en-us Fri, 14 Mar 2008 00:00:00 +0530 Sat, 27 Aug 2016 11:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=4144 Acquittal in a criminal case does not by itself bar departmental action because the two proceedings apply different standards of proof. A later disciplinary proceeding, however, must still rest on fair procedure, bona fide initiation, and relevant evidence capable of proving misconduct on a preponderance of probability. Where the department had earlier accepted the employee's explanation, the criminal court found no proof of misappropriation or conspiracy, and the inquiry was marked by denial of defence assistance, refusal to examine a defence witness, bias, and evidence unsupported by record, the disciplinary finding is vulnerable as perverse and unsustainable. Case-Laws Customs Fri, 14 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=4144