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Rajendra Kumar Gilhare Vs. State of Chhattisgarh

Rajendra Kumar Gilhare Vs. State of Chhattisgarh

WA No.421 of 2019

20.09.2019

Hon'ble Shri P.R. Ramchandra Menon,Chief Justice & Hon'ble Shri Justice Parth Prateem Sahu

Indian Penal Code – Sec.467, 468, 471, 120B Cr.P.C.- Sec.173(2)
Chhattisgarh Civil Services (Conduct) Rules, 1965 – Rule 3, 14

(i) Departmental action cannot be stayed till the criminal proceedings lodged in   respect of the offence are finalised by the trial Court.
(ii) In a criminal trial, charge levelled against the employee has to be proved beyond reasonable doubt whereas in the case of disciplinary proceedings “preponderance of probability” is enough. 

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