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april 1978

Supreme Court of India · 1978-04-19

NAND KISHORE PRASAD vs STATE OF BIHAR AND ORS.

Citation / case number
SC 1967/253
Court
Supreme Court of India
Petitioner
NAND KISHORE PRASAD
Respondent
STATE OF BIHAR AND ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that in disciplinary proceedings, the tribunal must base its conclusions on some evidential material pointing to the guilt of the delinquent, as mere suspicion cannot replace proof. The Court clarified that if the inquiry is conducted fairly and in accordance with relevant rules, the order cannot be interfered with under Article 226 of the Constitution, even if the evidence is insufficient for a criminal conviction. The appeal was dismissed as the High Court found no error of law in the orders of removal from service.

NAND KISHORE PRASAD vs STATE OF BIHAR AND ORS. · Niyam