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september 2008

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.

State Of Punjab & Ors vs Prem Sarup · Niyam