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.