Summary
A CRPF head constable’s criminal acquittal did not invalidate his disciplinary dismissal for negligent handling of a weapon and breach of departmental instructions, resulting in a colleague’s death. The disciplinary finding had evidentiary support, including his own account of handling the carbine. The High Court erred by reappreciating that evidence and treating the criminal and departmental charges as identical; dismissal was not disproportionate to the proved misconduct.
Issues
- Whether the High Court could reverse the supported disciplinary finding by reappreciating evidence.
- Whether acquittal in the criminal prosecution required setting aside dismissal for negligent weapon handling and breach of departmental instructions.
Held
- The employee’s possession and handling of the issued weapon and the resulting death were undisputed. His own statement supported the disciplinary finding, which could not be displaced through appellate reappreciation in judicial review. (¶ 8–11)
- Departmental proceedings apply a preponderance-of-probabilities standard, distinct from proof beyond reasonable doubt. The misconduct concerned negligent weapon handling and non-compliance with departmental instructions; criminal acquittal did not by itself negate it. (¶ 12–13)
- Dismissal was not disproportionate to the misconduct proved in the disciplinary enquiry. (¶ 11)
Result
Appeal allowed; the Division Bench judgment dated 14 December 2007 was set aside and the Single Judge’s dismissal of the employee’s writ petition maintained. No costs.