VidhiSangh

Supreme Court of India · 01/08/2019

SHASHI BHUSAN PRASAD versus INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE & ORS.

[2019] 10 S.C.R. 1098 · 2019 INSC 850

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Summary

A CISF constable’s dismissal for serious misconduct was upheld despite his later acquittal in a criminal prosecution. The departmental charge and evidence differed from the Arms Act charge, and the acquittal followed prosecution witnesses turning hostile. Criminal acquittal does not automatically displace a disciplinary finding reached on a preponderance of probability. No procedural or natural justice defect was alleged in the departmental enquiry.

Issues

  1. Whether the later criminal acquittal required setting aside dismissal imposed after an independent disciplinary enquiry.

Held

Result

Appeal dismissed without costs. Dismissal from service and High Court judgment left undisturbed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 1098.