New Delhi, Mar 22 : A government employee who has been accused of irregularities cannot claim innocence in a departmental inquiry merely because he or she has already been absolved of the charges in criminal proceedings related to the case, the Central Administrative Tribunal has held.
"The approach and object in a departmental proceeding (against a government employee) is quite different. The preponderance of probability would be sufficient to come to a conclusion. The provisions of the Evidence Act do not strictly apply," CAT Vice-Chairman Justice M Ramachandran said.
The tribunal made the observation while dismissing an appeal filed by a UDC of Delhi Development Authority (DDA), Jagbir Chaudhary, who moved the HC to quash the departmental inquiry initiated against him after a CBI probe found nothing incriminating against him.
"A departmental inquiry is necessary to maintain discipline in the service in public interest, whereas the object of a criminal prosecution is mainly to determine whether a crime has been committed in violation of law," the CAT said while declining to interfere into the departmental inquiry.
The inquiry was initiated against Chaudhary for alleged irregularities, benefiting certain allottees whose documents seemed to be forged.
The irregularities include allegations that Chaudhary was involved in 43 of the 48 cases related to a realtor and a bribe of Rs four lakh was received by him.
Courtesy : Sahara samay
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