VidhiSangh

Supreme Court of India · 03/02/2025

AIRPORTS AUTHORITY OF INDIA versus PRADIP KUMAR BANERJEE

[2025] 2 S.C.R. 404 · 2025 INSC 149

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Summary

The Supreme Court restored the dismissal of an Airports Authority engineer found guilty of bribery in a departmental enquiry held after his criminal acquittal on benefit of doubt. In the intra-court appeal, the High Court Division Bench had wrongly reopened findings that were final from an earlier round of litigation, treated non-examination of the decoy as fatal, applied the criminal standard of proof, and re-appreciated evidence without finding the Single Judge's judgment perverse.

Issues

  1. Whether the Division Bench could depart from findings in an earlier round of litigation between the same parties (that a departmental enquiry was permissible despite the acquittal and that G.M. Tank did not apply) which had attained finality.
  2. Whether non-examination of the complainant or decoy is fatal to a departmental enquiry into bribery where the trap laying officer and other witnesses support the charge.
  3. What standard of proof applies in a disciplinary enquiry as against a criminal trial, and whether confessions inadmissible in a criminal trial may be considered.
  4. What are the limits of interference in an intra-court writ appeal with a Single Judge's findings of fact.

Provisions considered

Held

Result

Appeal allowed; Division Bench judgment dated 01.03.2012 set aside, restoring the Single Judge's order upholding the respondent's dismissal from service; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 404.