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Supreme Court of India 2020-09-10 dismissed

Pravin Kumar vs Union of India and Ors

Bench: 3 — N.V. Ramana, S. Abdul Nazeer, Surya Kant

In Brief

A CISF Sub-Inspector was dismissed for corruption, falsifying official records, and intimidating subordinates to cover up unauthorized collection of bribes from contractors. The dismissal order was upheld through multiple administrative and judicial reviews. The Supreme Court held that judicial review of disciplinary proceedings examines procedural fairness, not merit. Charges in disciplinary matters need only be proven by preponderance of probabilities, not the higher criminal standard. The enquiry officer's questions to witnesses did not constitute bias. Since all four reviewing authorities—the enquiry officer, disciplinary authority, appellate authority, and High Court—concurrently found guilt with detailed reasoning, and no procedural violation or perversity was evident, the Court dismissed the appeal and upheld the dismissal order as proportionate punishment for grave misconduct.

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Administrative Law Service Law Disciplinary Proceedings Judicial Review Civil Service Paramilitary Natural Justice Evidence Corruption Proportionality

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