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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
RAJNI – Appellant
Versus
Govt. Of Nct – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. By way of the present petition filed under Article 226/227 of the Constitution of India, 1950 [hereinafter referred to as ‘the Constitution’] the Petitioner assails the correctness of order dated 29.01.2009 [hereinafter referred to as ‘IO-1’] passed by the Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as the ‘Tribunal’], whereby the Original Application (OA) filed by the Petitioner came to be dismissed.
2. Along with assailing the order passed by the Tribunal, the Petitioner also seeks to challenge the findings of the Enquiry Officer [hereinafter referred to as ‘Impugned Findings/IF’], the Order dated 08.12.2006 passed by the Disciplinary Authority [hereinafter referred to as ‘IO-2’] and the Order dated 01.05.2007 passed by the Appellate Authority [hereinafter referred to as ‘IO-3’], all of which found the Petitioner to be guilty of corruption.
3. In order to comprehend the issue arising for the adjudication of this Court, the relevant facts are required to be noticed.
BRIEF BACKGROUND OF THE CASE:
4. On 11.09.2002, the Petitioner was appointed as a Woman Constable in Delhi Police on compassionate grounds. While she
In departmental inquiries, the absence of strict adherence to evidentiary rules does not negate the validity of proceedings; evidence is assessed based on the preponderance of probabilities.
Disciplinary proceedings must rely on legally admissible evidence; reliance on unproven electronic materials violates natural justice principles and justifies intervention by judicial review.
The central legal point established in the judgment is the requirement of evidence to prove charges in a disciplinary proceeding, the need for adherence to natural justice principles, and the entitle....
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
The charge of corruption requires to be proved beyond any shadow of doubt and to the hilt, and it cannot be proved on mere probabilities. The Authorities in a matter of disciplinary proceeding must c....
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