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.