DEPARTMENTAL ENQUIRY

RAJINDER KUMAR GARG (Querist) 27 February 2009 This query is : Resolved
CAN CIVIL COURT/ CONSUMER FORUM PRONOUNCE ITS JUDGEMENT ON THE BASIS OF SOLE EVIDENCE OF DEPARTMENTAL ENQUIRY REPORT?

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RAJNESH RAMESH LOMTE GULBARGA KARNATAKA (Expert) 27 February 2009
As per me sole evidence cannot give that much prefernce to pronounce judgement. Are you woking in the department. the departments has their won disclimary committee were some show cause notice is given to prove, this all are quasi judicical matters which turns as co-relavative edvidence changes the cases changes. This all depends upon natural justice principles.

Murali Krishna (Expert) 27 February 2009
For departmental enquiries in disciplinary cases Evidence Act is not applicable in strict sense. Preponderance probability is the rule.

Hence, report of departmental enquiry, cannot be basis for pronouncement of judgement normally, unless there is other corroborating evidence.

sanjay singh thakur (Expert) 28 February 2009
Dear Rajinder ji
Court or Consumer Forum can validly consider the Departmental Enquiry Report. However, final judgement will depend upon several other facts and evidence.

B.B.R.Goud. (Expert) 07 March 2009
No.
the sole evidence of the departmental enquiry report, may not be sufficient, to pronounce the judgement.
moreover, the principles of natural justice need to be followed.

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