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“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”
The extra-judicial confession made by the appellant to the doctor was not considered as the appellant was in Police custody and after that, he was accompanied by a Police constable for his medical examination.
The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.