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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
K. Bhanumathi, D/o. V.Krishnamoorthy – Appellant
Versus
Principal Secretary to Government – Respondent
| Table of Content |
|---|
| 1. charges against government officials including bribery. (Para 1 , 2 , 3 , 4) |
| 2. challenges and procedural aspects following the charges. (Para 5 , 6 , 7) |
| 3. arguments from both counsel regarding evidence. (Para 8 , 9) |
| 4. court's analysis on the evidence and lack of direct implication. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's decision to quash the order and reinstate the petitioner. (Para 17 , 18 , 19) |
ORDER :
HEMANT CHANDANGOUDAR, J.
1. The challenge in this Writ Petition is to the Government Order dated 26.03.2018 passed by the first respondent in G.O.Ms.No.41, Cooperation, Food and Consumer Protection (CE2) Department.
2. The petitioner, while serving as Personal Clerk to the Director of Audit for Milk Cooperatives, Chennai, was issued with a charge memo. Similarly, the Director of Audit for Milk Cooperatives, Chennai, was also issued with a charge memo.
3. Charge against accused No.1 reads thus :
“While you (Accused Officer-I) were working as the Director of Audit for Milk Co-operative, Chennai-28, actuated by corrupt motive and in abuse of your official position and authority, on 31.7.2002, at your (A.O 1’s) office, Chennai, you have demanded Rs.25,000/- (Ru
Sufficient evidence is required to uphold charges of corruption, and mere handling of money does not equate to knowledge of illicit activities.
Findings in disciplinary proceedings must rest on credible evidence; reliance on uncorroborated testimony without substantial support leads to arbitrary decisions.
In departmental enquiries, documents cannot sustain guilt without witnesses proving contents and authenticity; oral evidence must establish bribe demand and acceptance by charged officer, mere recove....
Point of Law - When trial for criminal offence is conducted it should be in accordance with proof of the offence as per the evidence defined under the provisions of the Evidence Act
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