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VENKATA JYOTHIRMAI PRATAPA
Syed Mohammad Shareef – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's history and suspension (Para 1 , 2) |
| 2. jurisdiction of departmental enquiry (Para 3) |
| 3. responses from the petitioner and the government (Para 4 , 5 , 6 , 7) |
| 4. importance of cross-examination in disciplinary proceedings (Para 8 , 9 , 10 , 11 , 12) |
| 5. set aside the compulsory retirement (Para 13) |
| 6. final order and direction (Para 14 , 15) |
JUDGMENT :
1. This writ petition is filed under Article 226 of the Constitution of India with the following prayer :
2. The case of the petitioner, in brief, is as follows :
Disciplinary actions must adhere to principles of natural justice, including the right to cross-examine witnesses, or they risk being deemed invalid.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
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