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november 2013

Supreme Court of India · 2013-11-28

STATE OF WEST BENGAL vs SANKAR GHOSH

Citation / case number
SC 2010/31949
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
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 following disciplinary proceedings, despite his acquittal in a criminal case under Sections 392, 395, and 412 IPC, along with Sections 25 and 27 of the Arms Act. The Court held that acquittal in a criminal trial does not automatically entitle an employee to reinstatement if the departmental inquiry finds them guilty of misconduct. The judgment emphasizes the distinction between criminal and departmental proceedings, affirming the disciplinary authority's decision to dismiss the respondent from service.

STATE OF WEST BENGAL vs SANKAR GHOSH · Niyam