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The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.
The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.
Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.
Once some benefit has accrued in favour of an employee, the same cannot be snatched, without providing any opportunity to the employee. Thus, the decision of the respondents to reduce the pay of the applicants is contrary to the settled position of law.