VIGILANCE MANUAL VOLUME III - AP Online

DECISION -
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24. In disciplinary proceedings, proof required is that of
preponderance of probability, and “some” evidence is enough for the
authority to make up his mind. In writ proceedings, it is not open to
the High Court or the Supreme Court to reassess evidence or examine
whether there is sufficient evidence. Power of judicial review is
confined to examination of the decision-making process and meant
to ensure that the individual receives fair treatment and not to ensure
that the conclusion which the authority reaches is necessarily the
correct one in the eye of the court. Where two views are possible,
the court cannot interfere by substituting its own opinion for the opinion
of the departmental authority, and the view of the departmental
authority prevails over that of the court. Thus, chances of courts
quashing departmental proceedings on merits are very remote, and
where they are set aside on technical grounds of irregularity in
procedure, further departmental proceedings can be held, defects
rectified and fresh orders passed on merits.
25. The power vesting in departmental authorities is statutory
in nature. The decisions dealt with in the Digest should meet the
requirements in most of the situations that arise, and with a proper
application of the principles enunciated by the courts, to the facts
and circumstances of a given case, the authorities should be able to
decide for themselves and act with confidence from a position of
strength, in most matters.
26. The Digest of Case Law is a comprehensive treatise on
Anti-Corruption Laws and Disciplinary Proceedings, and this Note is
a preview of what one can look for in the Digest.
(C.R. KAMALANATHAN)
VIGILANCE COMMISSIONER
Dr.M.C.R.H.R.D. Institute of Andhra Pradesh