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B.S.CHAUHAN, T.S.THAKUR
The Divisional Controller, KSRTC – Appellant
Versus
M. G. Vittal Rao – Respondent
The criminal standard of proof (beyond reasonable doubt) does not apply to disciplinary or domestic enquiries.
In disciplinary proceedings, the applicable standard is preponderance of probabilities, which differs fundamentally from the higher threshold required in criminal trials. An acquittal in a criminal case therefore has no bearing on independent departmental proceedings, as the two operate under distinct evidentiary requirements and objectives. The termination or dismissal based on a fair domestic enquiry cannot be set aside merely due to such acquittal, absent identical facts, evidence, or proof standards being overlooked. This principle upholds the employer's authority to enforce discipline based on administrative needs, including loss of confidence in cases of grave misconduct like theft. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
JUDGMENT
Dr. B.S. Chauhan, J
1. Leave granted.
2. This appeal has been preferred against the judgment and order dated 27.10.2009 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.702 of 2009, by which it has dismissed the appeal preferred by the appellant against the judgment and order dated 27.1.2009 passed by the learned Single Judge allowing the writ petition No. 14354 of 2007 of the respondent-workman against the Award of the Labour Court dated 17.2.2005.
3. Facts and circumstances giving rise to this appeal are:-
(A) The respondent employee while working as helper in the appellant-Corporation in 1986 was subjected to disciplinary proceedings vide charge-sheet dated 4.2.1987 which contained the article of charges mainly on the allegations that on 3.10.1986 the respondent stayed away beyond his duty hours at his place of employment i.e., Divisional Workshop and opened the door of the blacksmith Section with the aid of a duplicate key and pulled the gas cylinder trolley and equipment from blacksmith Section to the cash room alongwith four other employees of the appellant-Corporation and opened the inner door of the cash room by cutting the padlock and used the g
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