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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
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/- (Rupees Twenty Five Thousand only) as bribe from the complainant Thiru N.Sekar, Junior Co-operative Auditor, Anaicut Circle, Vellore District, for allowing him to join duty on the expiry of Medical Leave and on 5.8.2002, when Thiru N.Sekar met you at your office and pleaded his inability, you directed the complainant Thiru N.Sekar to pay Rs.10,000/- (Rupees Ten Thousand only) as advance and to pay the remaining amount of Rs.15,0
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.
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
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
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