Supreme Court of India · 2008-09-18
State Of Punjab & Ors vs Prem Sarup
- Citation / case number
- AIR 2008 SC (SUPP) 1133
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab & Ors
- Respondent
- Prem Sarup
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court upheld the Punjab and Haryana High Court's decision regarding the disciplinary action against a police constable, emphasizing that under Rule 16.3 of the Police Rules, 1934, a police officer cannot be punished departmentally on the same charge after being acquitted in a criminal trial unless specific conditions are met. The Court noted that the acquittal was based on the inability to prove the charges due to the principal witnesses being declared hostile. Consequently, the disciplinary punishment of forfeiture of service was deemed illegal, affirming the lower court's ruling.