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Supreme Court of India 2021-09-21 allowed

Union of India & Ors vs Dalbir Singh

Bench: 2 — Hemant Gupta

In Brief

A CRPF constable was criminally acquitted of shooting a superior officer but later faced departmental proceedings charging him with misusing his service weapon. The High Court quashed his dismissal, finding a contradiction between two successive charge-sheets and doubting if the weapon was actually issued. The Supreme Court held the High Court exceeded judicial review limits by reappreciating evidence and acting as a second appellate forum. Affirming disciplinary law principles, the Court ruled that criminal acquittal does not bar departmental action (different proceedings, different proof standards), and where departmental witnesses uniformly testified to weapon misuse without breach of natural justice, the dismissal order stands valid and restored.

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Administrative Law Service Law Disciplinary Proceedings Judicial Review Burden of Proof Criminal vs. Departmental Proceedings

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