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Supreme Court of India 2021-09-21 allowed

UNION OF INDIA & ORS vs DALBIR SINGH

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

A CRPF constable, Dalbir Singh, was dismissed from service following criminal conviction for firing his service rifle, causing a death. He was later acquitted in criminal appeal due to lack of credible evidence. A departmental inquiry was then initiated, alleging misuse of the official weapon. The High Court set aside the dismissal order, finding internal contradictions in the charges and insufficient evidence. The Supreme Court reversed this, holding that the High Court exceeded its judicial review jurisdiction by reappreciating evidence. It reaffirmed that departmental proceedings operate on preponderance of probability, not beyond reasonable doubt, and that credible, consistent oral witness testimony suffices as legal evidence. The Court restored the dismissal order.

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