Understanding Preponderance of Probabilities in Disciplinary Cases

In the world of law, we often hear about the high burden of proof required in criminal cases—”beyond a reasonable doubt.” But what happens in disciplinary matters involving employees, government officials, or professionals accused of misconduct? Here, the standard is “preponderance of probabilities.” Let’s break it down in the simplest way possible.

💡 What is Preponderance of Probabilities?

Imagine two people arguing about whether it rained last night. One shows you wet streets and dripping trees. The other simply denies it. Whose version seems more likely?

That’s preponderance of probabilities—if something is more likely to have happened than not, then it is considered proven in disciplinary matters. Unlike in criminal cases, where absolute certainty is needed, here, even a 51% probability is enough!

🏰 Recent Supreme Court Ruling (2025): A Landmark Judgment

In Airports Authority of India v. Pradip Kumar Banerjee (2025 INSC 149), the Supreme Court held that a government employee can be dismissed from service if misconduct is proven on a “balance of probabilities,” even if they are acquitted in a criminal case.

“A disciplinary inquiry is not a criminal trial, and guilt need not be proved beyond reasonable doubt.” – Supreme Court of India

This means even if a court finds an employee “not guilty” in a criminal case, their employer can still remove them if the evidence shows it is more likely than not that they engaged in misconduct.

🌍 Madras High Court’s Strong Stand: 2022 Judgment

The Madras High Court reiterated this principle in 2022 when a police constable was dismissed despite being acquitted in a murder case. The Court ruled that disciplinary proceedings operate on a lower standard of proof.

“In service law, justice does not demand certainty but only a higher probability of truth.” – Madras High Court

🥇 A Case of a Dishonest Bank Employee

Let’s take a real-world scenario. A bank employee was accused of fraudulently approving loans without proper verification. In the criminal trial, the prosecution couldn’t prove the fraud beyond a reasonable doubt, and he was acquitted.

But in a departmental inquiry, the evidence showed: ✔ The loans were approved without required documents.
✔ His signature appeared on multiple questionable transactions.
✔ Several witnesses testified against him.

The bank dismissed him under the preponderance of probabilities standard, and the Supreme Court upheld this decision.

🏰 Doctrine of “Proportionality” in Disciplinary Actions

A key principle courts apply is the Doctrine of Proportionality, meaning the punishment must fit the misconduct. A minor mistake may not justify dismissal, but fraud, corruption, or negligence can lead to severe action even under preponderance of probabilities.

Example:

• A government clerk caught accepting a small bribe might face a warning.
• A senior officer engaged in corruption may be dismissed.

The courts ensure that the punishment is reasonable and proportionate to the misconduct.

📐 Key Takeaways for Employers and Employees

1. Disciplinary proceedings do not require 100% proof. A reasonable conclusion based on evidence is sufficient.
2. An acquittal in a criminal case does not mean automatic exoneration in disciplinary proceedings.
3. Employers can act on circumstantial evidence, documents, and witness statements if they make a strong case.
4. Doctrine of Proportionality ensures fair punishment based on the severity of misconduct.

🛠 Final Thoughts: Justice with Practicality

The preponderance of probabilities standard ensures that workplace discipline is swift and practical, without requiring the strict proof needed in criminal cases. It protects organizations from dishonest employees while also ensuring that punishment is fair and reasonable.

Next time you hear about a disciplinary case, remember—it’s not about proving guilt beyond all doubt, but simply about what is “more likely than not” to be true.

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