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2006 (4) TMI 517 - SC - Indian LawsChallenge to the orders passed by the Disciplinary Authority - Government Servant - Disproportionation to his known source of income - disciplinary proceeding - acts of omission and commission contravened provisions of Rule 3 (1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964 - HELD THAT:- It was also not a case where the Appellant could be held guilty in the disciplinary proceedings applying the standard of proof as preponderance of the probability as contrasted with the standard of proof in a criminal trial, i.e., proof beyond all reasonable doubt. When a final form was filed in favour of the Appellant, the CBI even did not find a prima facie case against him. The Disciplinary Authority in the aforementioned peculiar situation was obligated to apply his mind on the materials brought on record by the parties in the light of the findings arrived at by the Inquiry Officer. He should not have relied only on the reasons disclosed by him in his show cause notice which, it will bear repetition to state, was only tentative in nature. As the Appellate Authority in arriving at his finding, laid emphasis on the fact that the Appellant has not filed any objection to the show cause notice; ordinarily, this Court would not have exercised its power of judicial review in such a matter, but the case in hands appears to be an exceptional one as the Appellant was exonerated by the Inquiry Officer. He filed a show cause but, albeit after some time the said cause was available with the Disciplinary Authority before he issued the order of dismissal. Even if he had prepared the order of dismissal, he could have considered the show cause as it did not leave his office by then. We are, therefore, of the opinion that interest of justice will be sub- served if the Disciplinary Authority is directed to consider the matter afresh in the light of the show cause filed by the Appellant herein before him. It will be desirable that an opportunity of personal hearing is also given to the appellant herein. We make it clear that although we are setting aside the order of Disciplinary Authority and consequently all other orders, we direct that the Appellant shall be deemed to be under suspension till an appropriate order is passed by the Disciplinary Authority. The question of payment of backwages, it is directed, would depend upon the ultimate order that may be passed by the Disciplinary Authority. For the views we have taken, it is not necessary for us to consider the other contentions raised by Mr. Tripathi. This appeal is allowed to the afore-mentioned extent and the matter is remitted to the Disciplinary Authority for consideration of the matter afresh in the light of the observations made hereinbefore.
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