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SHEEL NAGU, MANINDER S. BHATTI
Kanak Kumar Shrivastava – Appellant
Versus
Registrar General – Respondent
ORDER
1. The petitioner has approached this Court by way of filing the present petition while praying for quashment of order dated 10/10/2011 (Annexure P/1), order dated 25/09/2014 (Annexure P/2) and order dated 03/11/2014 (Annexure P/3). The petitioner has further prayed for issuance of a Writ in the nature of Mandamus commanding the respondents to pay the petitioner arrears of salary for the period of suspension commencing from 05/08/2008 to 10/10/2011 along with interest.
2. The petitioner herein while working against the post of Criminal Reader in the Court of Judicial Magistrate First Class, Jabalpur, was caught red handed in a trap case accepting bribe of Rs.10/- from complainant-Ghanshyam for adjourning the case of the complainant which was pending in the concerned Court. Record reveals that on 21/07/2008, the petitioner was caught red handed by the Vigilance Authority of this Court and, the petitioner was found in possession of amount in his pocket for which no reasonable explanation was furnished by him.
3. Resultantly, in accordance with the procedure laid down in Madhya Pradesh Civil Services (Classification Control and Appeal) Rules 1966, (hereinafter referred to as 'Act o
Disciplinary proceedings for corruption may stand despite the non-examination of the complainant if there is sufficient corroborative evidence consistent with the misconduct charged.
Sufficient evidence is required to uphold charges of corruption, and mere handling of money does not equate to knowledge of illicit activities.
Procedural fairness requires that employees facing major penalties be given reasonable opportunities to present a defense and cross-examine witnesses in disciplinary inquiries.
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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