VidhiSangh

Supreme Court of India · 21/09/2021

UNION OF INDIA & ORS. versus DALBIR SINGH

[2021] 7 S.C.R. 800 · 2021 INSC 520

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Summary

The Court restored the CRPF constable’s dismissal and set aside reinstatement and back-pay relief. The authorised departmental inquiry concerned misuse of issued arms, distinct from the criminal charges on which he had received benefit of doubt. Credible oral evidence supported the finding despite unavailable old issue registers. The High Court wrongly treated different-time duty allegations as contradictory and reappreciated the evidence as an appellate court. Departmental proof required a preponderance of probabilities; no procedural or natural-justice violation was shown.

Issues

  1. Whether the departmental misconduct finding was unsupported by evidence or impermissibly contradicted the earlier duty charge.
  2. Whether criminal acquittal and unavailable issue registers justified the High Court’s interference with dismissal.

Provisions considered

Held

Result

Appeal allowed; High Court reinstatement and arrears order set aside, and departmental dismissal restored.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 800.