VIGILANCE MANUAL VOLUME III - AP Online

438 DECISION - 181
(181)
(A) Departmental action and acquittal
(B) Evidence — standard of proof
In departmental proceedings proof based on
preponderance of probability is sufficient. Illustrative
case where departmental action was taken following
acquittal in the court and same evidence which was
insufficient to secure conviction in criminal case was
found sufficient to warrant a finding of guilty in the
departmental proceedings.
Nand Kishore Prasad vs. State of Bihar,
1978(2) SLR SC 46
The appellant, Nand Kishore, was a Bench Clerk in the court
of Judicial Magistrate. He and another clerk were prosecuted in a
court of law for misappropriation of a sum of Rs. 1068 representing
fines received by M.O. Both of them were discharged by the trial
court, which held that there was nothing direct against Nand Kishore
Prasad to show that he had sent a false or wrong extract to the Fines
Clerk, “except the statements of a co-accused exculpating himself
which is of little worth”, and that “this accused cannot be connected
with the receipt of the money”.
Following this, he was placed under suspension on 31-7-56
and a departmental inquiry was instituted. The District Magistrate, the
disciplinary authority, by his order dated 19-3-60, held: “the conduct of
Sri Nand Kishore Prasad is highly suspicious but, for insufficient evidence
proceeding against him has to be dropped”. The Commissioner of Patna
Division issued a show cause notice to the appellant and reversed the
order of the District Magistrate and directed removal of the appellant
from service by order dated 8-10-60. The appellant went in Revision to
the Board of Revenue against the Commissioner’s Order and the Board
of Revenue by order dated 31-8-63 dismissed the Revision and affirmed
the order passed by the Commissioner.
The appellant moved the High Court at Patna by a writ petition
challenging his removal from service. The High Court noted that the