The acquittal in criminal case is no restraint for disciplinary proceedings: SC

The acquittal in criminal case is no restraint for disciplinary proceedings: SC

On March 22, 2022, The Supreme Court in the State of Karnataka & Anr. vs. Umesh C.A.No. 1763-1764/2022 observed that the purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment and in a disciplinary proceeding, a charge of misconduct has to be established on a preponderance of probabilities, unlike in a criminal prosecution where the charge has to be established beyond reasonable doubt.

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April 2024

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