Supreme Court of India · 2013-11-28
State Of West Bengal & Ors vs Sankar Ghosh
- Citation / case number
- AIR 2014 SUPREME COURT 405
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal & Ors
- Respondent
- Sankar Ghosh
- Author
- K.S. Radhakrishnan
- Bench
- A.K. Sikri, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court addressed the issue of reinstatement of a police officer dismissed from service after being acquitted in a criminal case. The Court held that the acquittal does not automatically entitle the respondent to reinstatement, as the departmental proceedings and criminal charges are distinct. The judgment emphasized that the disciplinary authority's decision must be based on the merits of the case and not solely on the outcome of the criminal trial, thereby upholding the principle of separate proceedings under Article 311 of the Constitution.