Disciplinary Proceedings IV

It is true, strict rules of evidence are not applicable to departmental enquiry proceedings. The only requirement of law is, the allegation against the delinquent must be established by such evidence acting upon which a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravity of the charge against the delinquent employee. It is true, mere conjecture or surmises cannot sustain the finding of guilt even in the departmental enquiry proceedings.

The Constitutional Court would not interfere with the findings of fact arrived at in the departmental enquiry proceedings except where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at that finding. So long as there is some evidence to support the conclusion arrived at by the departmental authority, the same has to be sustained.

Hon’ble Justice Ajay Rastogi, Deputy General Manager v. A.K. Srivastava, [Special Leave Petition (Civil) Nos. 32067-32068 of 2018].