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Supreme Court of India 2019-07-11 allowed

Union of India and Ors vs Sitaram Mishra and Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A CRPF Head Constable negligently discharged a loaded carbine in barracks while cleaning it without removing the magazine, killing a colleague. He was dismissed from service for misconduct. Though acquitted in a criminal trial under Section 304 IPC, the High Court set aside the dismissal, holding that criminal acquittal vitiates the disciplinary finding. The Supreme Court reversed this, holding that disciplinary proceedings apply a lower standard of proof (preponderance of probabilities, not beyond reasonable doubt) and are independent of criminal outcomes. An acquittal in a criminal case does not automatically invalidate a disciplinary finding of misconduct based on breach of departmental instructions. The dismissal was upheld.

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Administrative Law Disciplinary Proceedings Service Law Weapon Negligence Judicial Review Criminal vs. Disciplinary Standards CRPF

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