Breaking Supreme Court Legal Update
New Delhi · Friday, 07 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2019-07-11 allowed

UNION OF INDIA AND ORS vs SITARAM MISHRA AND ANR

Bench: 2 — D.Y. Chandrachud, Indira Banerjee

In Brief

A CRPF Head Constable carelessly cleaned a loaded carbine without removing its magazine, causing eight rounds to fire; one bullet struck a colleague who died. He was dismissed from service after a disciplinary enquiry but acquitted in a related criminal trial under Section 304 IPC. The High Court set aside dismissal, treating criminal acquittal as vitiating the misconduct finding. The Supreme Court allowed the Union's appeal, holding that disciplinary proceedings operate under a lower standard of proof (preponderance of probability) than criminal trials (beyond reasonable doubt). Criminal acquittal does not automatically vitiate disciplinary findings. The Court found negligence in weapon handling established by undisputed facts and departmental instructions violated, making dismissal sustainable and proportionate.

The lawyer headnote and full judgment text are available to registered users.

Administrative Law Disciplinary Proceedings Service Law Firearm Safety Judicial Review Criminal vs. Disciplinary Standards

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login