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Supreme Court of India 2019-08-01 dismissed

Shashi Bhusan Prasad vs Inspector General Central Industrial Security Force & Ors

Bench: 3 — Rastogi, J.

In Brief

A CISF constable was dismissed from service following a departmental inquiry into serious misconduct in handing over an unlicensed firearm. Though later acquitted in a related criminal case, he challenged his dismissal, arguing the acquittal should bind the departmental proceedings since both rested on the same facts. The Supreme Court held that criminal and departmental proceedings are entirely separate, governed by different standards of proof (beyond reasonable doubt vs. preponderance of probability), and serve different purposes. Acquittal in a criminal case does not absolve an employee from disciplinary liability. The Court upheld dismissal as the charges, though related, involved distinct sets of facts and independent inquiries. Judicial review under Articles 226-227 cannot interfere with valid departmental dismissals.

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