Preponderance of Probability to Sufficiency of Evidence
By
G. P. Bhatia
Published In
Lab Ic(2009)
The disciplinary proceedings can broadly be divided into three categories according to the status of the charged or delinquent officers, i.e.
Pertaining to civil servants having the protection of Article 311(2) of the Constitution. In case the conduct rules relating to civil servants are not in conformity with the Constitutional provisions, the same can be declared ultra vires the Constitution.
Pertaining to servants of PSUs and big industrial houses having their own conduct rules and standing orders governing the procedural rules.
Pertaining to servants of smaller organizations which are not governed by any specific set of conduct rules and standing orders, where the principle of ‘hire and fire’ prevails. These include the marginal labour employed in remote, small establishments and agriculture etc.
For proving a charge against any charged officer and more par ....