• About us
  • Contact us
  • Our team
  • Terms of Service
Sunday, February 1, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home BUSINESS

Employer needs to prove case on preponderance of probabilities in disciplinary proceedings: SC

Press Trust of india by Press Trust of india
February 5, 2025
in BUSINESS
A A
0
FacebookTwitterWhatsapp

New Delhi:  The Supreme Court has said public employers were needed only to demonstrate the “preponderance of probabilities” to establish misconduct during the disciplinary proceedings to dismiss errant employee, a less stringent standard than the “beyond a reasonable doubt” burden required in criminal trials.

A bench comprising Justices J K Maheshwari and Sandeep Mehta, in a judgement delivered on February 4, set aside a 2012 judgment of the Calcutta High Court’s division bench that overturned the dismissal of Pradip Kumar Banerjee, a former assistant engineer (civil) with the Airports Authority of India (AAI).

More News

Budget FY27: FM may unveil measures to steady growth, boost manufacturing, jobs

With ‘mother of all deals’ in bag, Goyal says mother will be compassionate, fair to all 28 children

Budget for world’s fastest-growing major economy Key numbers to be watched

Load More

The top court upheld the dismissal of a former AAI engineer despite his acquittal in the related criminal case, saying unlike criminal trials, where cases have to be proved beyond reasonable doubt, the burden in a related disciplinary enquiry was limited.

The significant verdict could be a shot in the arm of public employers which can dismiss employees from services in pursuance of the disciplinary proceedings even if the employees are acquitted in consequential criminal cases.

The bench ruled in favour of the AAI holding that the disciplinary action against Banerjee was justified.

“It is a settled principle of law that the burden laid upon the prosecution in a criminal trial is to prove the case beyond reasonable doubt. However, in a disciplinary enquiry, the burden upon the department is limited and it is required to prove its case on the principle of preponderance of probabilities,” said a 28-page verdict authored by Justice Mehta.

It said the high court division bench fell into “grave error in substituting the standard of proof required in a criminal trial vis-a-vis the disciplinary enquiry conducted by the employer”.

Banerjee was arrested along with a colleague, a junior engineer at AAI, on allegations of accepting illegal gratification from a contractor’s representative.

The CBI filed an FIR under IPC and the Prevention of Corruption Act following which a special court held Banerjee guilty and acquitted the junior engineer.

Banerjee was dismissed from service by the disciplinary authority on July 13, 2000, based on his conviction.

A series of litigations were pursued in the high court.

The AAI moved the top court against the March 1, 2012 verdict of the high court in an intra-court appeal.

The division bench had allowed the appeal filed by Banerjee and set aside the order passed by the single judge upholding his dismissal from the service.

The single judge, on June 29, 2011, upheld the punishment of dismissal from service imposed upon Banerjee by the disciplinary authority and subsequently confirmed by the sub-committee while acting as the Appellate Authority.

The top court said the single judge while dealing with the petition of Banerjee, considered the entire factual matrix in detail and dismissed the plea by “detailed and well-reasoned judgment”.

“The position is, thus, settled that in an intra-court writ appeal, the appellate court must restrain itself and the interference into the judgment passed by the learned single judge is permissible only if the judgment of the learned single judge is perverse or suffers from an error apparent in law,” said the top court.

It, however, said the division bench “failed to record any such finding” and instead proceeded to delve into extensive re-appreciation of evidence to overturn the judgment of the single judge.

 

Previous Post

J&K Govt Appoints Special Police Officers for Combating Human Trafficking and Sexual Exploitation

Next Post

PM Modi should acknowledge Make in India a failure: Rahul Gandhi

Press Trust of india

Press Trust of india

Related Posts

Budget FY27: FM may unveil measures to steady growth, boost manufacturing, jobs

Budget: Sitharaman hikes capital spend, trims deficit for next fiscal; tax rates unchanged
January 31, 2026

New Delhi: Finance Minister Nirmala Sitharaman will on February 1 present her ninth straight Budget, which is expected to unveil...

Read moreDetails

With ‘mother of all deals’ in bag, Goyal says mother will be compassionate, fair to all 28 children

Govt to expedite filling top vacancies in public banks: Goyal
January 31, 2026

New Delhi:  The trade agreement between India and the EU is likely to double the country's exports to Europe in...

Read moreDetails

Budget for world’s fastest-growing major economy Key numbers to be watched

January 31, 2026

New Delhi:  Finance Minister Nirmala Sitharaman will present her record 9th straight Budget, and all eyes will be on the...

Read moreDetails

Stock markets snap 3-day rally on intense selling in metal, IT stocks ahead of Budget

Equity investors’ wealth plunges Rs 1.36 lakh cr amid sell-off in markets
January 30, 2026

Mumbai:  Equity benchmark indices Sensex and Nifty ended lower on Friday, snapping a three-day rally, due to heavy selling pressure...

Read moreDetails

Sitharaman longest serving FM; to present record 9th Budget in a row

LS passes Finance Bill; tax benefits for debt mutual funds removed
January 30, 2026

New Delhi: Finance Minister Nirmala Sitharaman, who will present her ninth consecutive Budget on Sunday, is the longest-serving finance minister...

Read moreDetails

Rupee hits lowest-ever level of 92.02 against US dollar; ends with marginal gain

January 30, 2026

Mumbai:  The rupee on Friday hit its record low of 92.02 before ending a tad higher at 91.97 against the...

Read moreDetails
Next Post

PM Modi should acknowledge Make in India a failure: Rahul Gandhi

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.