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2014 (1) TMI 1347 - RAJASTHAN HIGH COURTConviction u/s. 13(1)(d) and 13(2) of the Prevention of Corruption Act (PC Act) - Invocation of R.19 of CCS (CCA) Rules, 1965 - Preponderance of probability - Held that:- It is true that in departmental enquiry charges could be proved based on principles of preponderance of probabilities and in criminal case as settled by the courts, charge is to be proved beyond doubt and as regard departmental enquiry initiated against the petitioner is concerned, it is pending at the stage where enquiry officer has submitted its report and as per procedure provided under R.14 of Rules 1965 enquiry officer's report is still to be examined by the disciplinary authority and finding recorded in the enquiry report yet not attained finality and at the same time there is judicial enquiry initiated against the delinquent petitioner and the charges proved beyond doubt and in the instant case charge of corruption was instituted against the petitioner and after regular trial he has been convicted by the competent court of jurisdiction u/S.7, 13(1)(d) read with 13 (2) vide judgment dt.28.7.2008, however, on appeal being preferred, sentence has been suspended by the Court of Appeal vide order dt.19.8.2008. Suffice it to say that at the stage show cause notice dt.22.8.2013 no suspicion or doubt can be attributed and it is always open for department to examine and take appropriate action what the law contemplates. After going through the judgment impugned, this Court does not find any manifest error being committed by the learned tribunal in passing the impugned judgment which may require interference - Decided against Petitioner.
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