VidhiSangh

Supreme Court of India · 23/04/2025

MAHARANA PRATAP SINGH versus THE STATE OF BIHAR & ORS

[2025] 4 S.C.R. 1662 · 2025 INSC 554

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Summary

The Supreme Court set aside the dismissal of a CID constable after disciplinary proceedings, holding that the State's failure to produce the departmental file despite a court order attracted an adverse presumption under Section 114(g) of the Evidence Act, that the charges were vague and the appellant was denied cross-examination of the key witness and the complainant was never examined, and that the finding on the principal charge could not survive his acquittal on substantially identical charges; reinstatement being impossible, lump-sum compensation of Rs. 30 lakh with costs was awarded.

Issues

  1. Whether due process was followed in the disciplinary proceedings culminating in the appellant's dismissal, and whether the dismissal was justified.
  2. Whether the charges in the criminal and departmental proceedings were substantially identical so that the appellant's acquittal rendered the disciplinary findings unsustainable.
  3. What inference follows from the State's failure to produce the departmental file despite the Supreme Court's direction.
  4. Whether the Division Bench was right to set aside the Single Judge's order quashing the dismissal, and what relief the appellant is entitled to.

Provisions considered

Held

Result

Appeal disposed of; Division Bench judgment dated 16.11.2016 and the orders of dismissal, appeal and revision (21.06.1996, 14.07.1997 and 06.08.2003) set aside; Single Judge's order partly upheld, direction for full back wages set aside; reinstatement refused; respondents to pay lump-sum compensation of Rs. 30 lakh inclusive of all service and retiral benefits and costs of Rs. 5 lakh within three months.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1662.