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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 from service after a disciplinary enquiry found him involved in a murder, despite being acquitted in the criminal trial. The High Court reinstated him, finding insufficient evidence. The Supreme Court reversed this, holding that acquittal in a criminal trial does not conclude disciplinary proceedings. The Court emphasized that disciplinary enquiries apply the lower standard of 'preponderance of probabilities,' not 'proof beyond reasonable doubt,' and are not bound by strict rules of evidence. Circumstances showing the officer's connection to the death—prior enmity, death threats, suspicious proximity to the crime scene—were sufficient under the civil standard to justify dismissal on grounds that the officer's presence in the police force would erode public confidence. The Court set aside reinstatement but upheld the direction denying back wages, granting retiral dues based on notional service completion.

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