9911796707
TMI Blog2016 (10) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... on finding her guilty for receiving share of bribe collected from the passengers. 2. The sequence of events reveals that the petitioner was working as a Sepoy in the Calicut Airport from 05.11.2004 to 02.11.2005. While so, there was a surprise inspection by the CBI, whereby some incriminating materials were traced out, leading to registration of a crime. The criminal case was registered against 36 accused persons, and in respect of others, departmental proceedings were initiated. 3. The petitioner herein was not an accused in the criminal case, but a show cause notice was issued intending to proceed with the disciplinary proceedings. On receipt of the said notice, an explanation was submitted, which was not satisfactory to the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse consequences in the matter of her service benefits including financial upgradations. 3.To issue appropriate direction or order directing the respondents to restore the pay and allowances to the applicant without regard to Annexure A9 order of the Disciplinary authority and Annexure A11 order of Appellant authority, consequent on setting aside the same. 4.To issue appropriate direction, order directing the respondents to refund the amount illegally deducted and reduced from the pay of the applicant based on Annexure A9 and Annexure A11 orders within a time frame that may be fixed by this Hon'ble Tribunal." 5. The reliefs sought for were resisted on the part of the Department. After hearing both the sides, the Tribunal, as per Ext. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This, in turn, is under challenge in this Original Petition. 6. Heard the learned counsel for the petitioner at length. 7. The learned counsel submits that though the order passed by the Tribunal is a detailed one, the relevant aspect sought to be projected by the petitioner was not adverted to with proper application of mind. The only evidence stated as available is the incriminating material/piece of paper recovered from the tiffin box of one Mr. Aravindan and the version given by the said person before the authorities concerned. The said version is stated as not liable to be accepted in evidence and he was never examined. As such, the finding rendered by the Enquiry Officer that the delinquent employee was guilty of the offence, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard have been referred to and discussed in detail by the Tribunal. The evidence available on record has also been discussed in detail, particularly as discernible from 'paragraph 13' onwards. We do not find it necessary to reproduce the same as it forms part of the record and both the sides are aware of the proceedings. No dispute is raised with regard to the availability of such materials, to the extent as discussed by the Tribunal. It is settled law that in the case of a 'disciplinary proceeding', the guilt need not be established beyond any reasonable doubt, unlike a criminal proceeding and that preponderance of probability is sufficient in the former case. As already held by the Apex Court in State of Hayana and anothe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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