JUDGMENT

Dr Dhananjaya Y Chandrachud, J

This judgment has been divided into sections to facilitate analysis. They are:

A. The appeal

B. Murder, trial and disciplinary enquiry

C. Submissions of counsel

D. Proof of misconduct in disciplinary proceedings Findings of the disciplinary enquiry

F. The judgment of the Division Bench

G. Evidence in the disciplinary enquiry

H. On a ‘preponderance of probabilities’

I. Judicial review over disciplinary matters

J. The effect of an acquittal

K. Conclusion

A. The appeal

1. This appeal is from a judgment dated 24 April 2019 of a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur. The respondent, who was a police constable, filed a petition under Article 226 of the Constitution to challenge his dismissal from service after a disciplinary enquiry. A Single Judge of the High Court, by a judgment dated 1 February 2018, dismissed the petition. The Division Bench reversed the judgment and concluded that there is no evidence in the disciplinary enquiry to sustain the finding that the respondent committed a murder while on leave from duty. Independently, he has also been acquitted in a Sessions trial on the charge of murder. The Division Bench gran