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november 2013

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.

State Of West Bengal & Ors vs Sankar Ghosh · Niyam