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april 2002

Supreme Court of India · 2002-04-22

Secretary, Ministry Of Home Affairs And ... vs Tahir Ali Khan Tyagi

Citation / case number
AIRONLINE 2002 SC 419
Court
Supreme Court of India
Petitioner
Secretary, Ministry Of Home Affairs And ...
Respondent
Tahir Ali Khan Tyagi
Author
Brijesh Kumar
Bench
Brijesh Kumar

Judgment text excerpt

The Supreme Court held that departmental proceedings can be initiated even after an acquittal in a criminal case under the Prevention of Corruption Act, as the standards of proof differ between the two proceedings. The Court clarified that Rule 12 of the Delhi Police (Punishment and Appeal) Rules, 1980 allows for departmental inquiries to proceed if prosecution witnesses are found to be unreliable. The Court set aside the tribunal's order quashing the departmental proceedings and directed their continuation, thus allowing the appeal.

Secretary, Ministry Of Home Affairs And ... vs Tahir Ali Khan Tyagi · Niyam