In Brief
A constable in the Central Industrial Security Force was dismissed from service following a departmental inquiry for handing over an unlicensed firearm that was subsequently used in a murder. Although he was later acquitted in the criminal case when witnesses turned hostile, the disciplinary authority upheld his dismissal. The Supreme Court held that criminal and departmental proceedings are separate legal processes with different standards of proof (beyond reasonable doubt v. preponderance of probability). An acquittal in criminal court does not automatically bar disciplinary action. Since the charges in both proceedings were based on different facts and evidence with no nexus, the criminal acquittal did not absolve him from disciplinary liability. The dismissal was upheld as procedurally correct.
The lawyer headnote and full judgment text are available to registered users.