GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SPL.C) DEPT.
Cir.Memo.No.84
/ SPL.C/04-1 Dated: 24-03-2005
Sub: Public Servants -
Enquires - Departmental Inquires - Certain instructions issued.
- - -
It
has been brought to the notice of the Government that there are instances where
charges are held 'not proved' for want-of much stronger evidence' against the All-India
Services Officers. Services (D&A) Rules, 1969, a disciplinary proceeding is
not a criminal trial. The standard proof required is that of preponderance of
probability and not proof beyond reasonable doubt. A finding cannot be
characterized as perverse or unsupported by any relevant materials if it is a
reasonable inference from proved facts. The officers holding departmental inquiries
are not under any obligation to follow strictly the rules of evidence as laid
down in the Evidence Act or the procedure prescribed in the Cr.P.C.
All
Departments of Secretariat and All Heads of Department are, therefore,
requested to follow the above instructions while dealing with the disciplinary
cases.
CHITTA
RANJAN BISWAL
Principal Secretary to Government (Poll)
