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Supreme Court of India 2020-10-29 allowed

State of Rajasthan & Ors vs Heem Singh

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A police constable was dismissed after a disciplinary enquiry on charges including murder. He was criminally acquitted on the murder charge, and the High Court set aside his dismissal and ordered reinstatement without back wages. The Supreme Court held that acquittal in criminal trial does not automatically reverse disciplinary dismissal. Disciplinary proceedings use the lower 'preponderance of probabilities' standard, not 'beyond reasonable doubt'. While direct evidence of conspiracy was lacking, credible circumstances—prior hostility, threats, proximity to the crime scene—legitimately raised concerns about police integrity. The Court set aside reinstatement, directing that termination take notional effect upon completing minimum service, with retiral dues paid but no back wages."

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Service Law Disciplinary Proceedings Police Service Judicial Review Criminal and Civil Procedure Standard of Proof Evidence

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