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2019 Supreme(SC) 807

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Shashi Bhusan Prasad – Appellant
Versus
Inspector General Central Industrial Security Force – Respondent


Advocates Appeared:
For the Appellant(s) :Abhay Kumar, Vineet Kr. Singh, Saurabh Mishra, Advocates
For the Respondent(s):B. V. Balaram Das, Advocate

Judgement Key Points

The legal document emphasizes that criminal proceedings and departmental disciplinary proceedings are fundamentally different in purpose, scope, and evidentiary standards. Criminal proceedings aim to establish guilt beyond a reasonable doubt and involve a higher burden of proof, while departmental inquiries are based on a preponderance of probability and focus on maintaining discipline within the service (!) (!) .

An acquittal in a criminal court does not automatically exonerate the individual from disciplinary liability. The findings in criminal trials and departmental inquiries are based on different allegations, evidence, and standards of proof, and therefore, an acquittal in criminal court does not preclude the possibility of disciplinary action (!) (!) (!) .

Furthermore, the document clarifies that charges in disciplinary proceedings are often distinct from those in criminal cases, even if they arise from related facts. Each proceeding is conducted independently, with separate evidence and objectives. The outcome of a criminal trial, including an acquittal, does not automatically invalidate the findings of a disciplinary inquiry or the subsequent penalties imposed (!) (!) .

It is also noted that the principles of natural justice and procedural fairness must be observed in disciplinary proceedings. However, unless there is a violation of these principles, courts generally do not interfere with disciplinary decisions, especially when the proceedings have been conducted properly and the individual has been given an opportunity to be heard (!) (!) .

Finally, the document underscores that disciplinary actions can proceed simultaneously with criminal cases, provided they are based on different facts and evidence, and that delays or pending criminal trials do not automatically stay or invalidate disciplinary proceedings (!) (!) (!) (!) .

In summary, a judicial acquittal does not automatically negate disciplinary liability, and disciplinary proceedings are to be evaluated on their own merits, based on the evidence and procedures followed, without being solely dependent on the outcome of criminal trials.


JUDGMENT :

AJAY RASTOGI, J.

1. This appeal is directed against the final judgment and order dated 17th July, 2008 passed by the High Court of Orissa dismissing the writ petition filed by the appellant.

2. The brief seminal facts which may be relevant for consideration of the present appeal are that while serving as Constable in Central Industrial Security Force (in short “CISF”) Unit, Rourkela Steel Plant, Rourkela, a criminal case was instituted against the appellant in Plantsite P.S. Case No. 378 of 1992 under Section 25(1) of the Arms Act and he was arrested on 30th November, 1992 on the allegation that he had provided a country made revolver to Subash Chandra Agarwalla, who murdered his aunt with it, giving rise to Sessions Trial No. 188/41 of 1993. At the same time, for a gross misconduct being committed by him in discharge of his duties, disciplinary proceedings were initiated against him by serving a Memorandum along with the chargesheet dated 9th February, 1993 under Rule 34 of CISF Rules, 1969.

3. After holding disciplinary inquiry in terms of the procedure prescribed under the scheme of Rules, 1969, the Inquiry Officer after due compliance of the principles of natural justice

































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