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Supreme Court of India 2019-12-06 allowed

State of Bihar & Ors vs Phulpari Kumari

Bench: 2 — 2

In Brief

The State of Bihar dismissed an employee (Phulpari Kumari) on grounds of demanding illegal gratification. The High Court set aside the dismissal, finding the complainant and his wife were not examined in the disciplinary proceedings. The Supreme Court held that judicial review of departmental dismissals is limited to checking whether any evidence exists, not whether evidence is sufficient. The test in departmental inquiries is preponderance of probabilities, not the criminal standard of beyond reasonable doubt. The Court set aside the High Court's judgment and upheld the dismissal, holding that the High Court wrongly re-examined the evidence.

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