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november 1996

Supreme Court of India · 1996-11-05

ORISSA MINING CORPN. vs YNANDA CHANDRA PRUSTY

Citation / case number
SC 1996/78460
Court
Supreme Court of India
Petitioner
ORISSA MINING CORPN.
Respondent
YNANDA CHANDRA PRUSTY
Author
JEEVAN REDDY
Bench
K. VENKATASWAMI B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court upheld the Orissa High Court's decision quashing the dismissal of an Assistant Accounts Officer, emphasizing that the burden of proof in disciplinary inquiries lies with the department. The Court noted that the inquiry officer improperly shifted the burden to the respondent, violating legal principles. The Court clarified that the standard of proof in disciplinary matters is not equivalent to that in criminal cases, and the findings of the inquiry officer were flawed, leading to the dismissal being quashed.

ORISSA MINING CORPN. vs YNANDA CHANDRA PRUSTY · Niyam