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november 2014

Supreme Court of India · 2014-11-03

UNION OF INDIA vs P.GUNASEKARAN

Citation / case number
SC 2008/9743
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
P.GUNASEKARAN
Author
KURIAN
Bench
KURIAN JOSEPH ANIL R. DAVE

Judgment text excerpt

The Supreme Court ruled that the dismissal of P. Gunasekaran from service was unjustified as the Central Administrative Tribunal found him acquitted of criminal charges related to misconduct under the Central Civil Services (Conduct) Rules, 1964. The Court emphasized that disciplinary proceedings cannot continue when criminal charges are identical and result in acquittal, thereby upholding the Tribunal's decision to set aside the dismissal. The Court held that the principles of natural justice and the doctrine of double jeopardy apply in such cases, leading to the reinstatement of the respondent.

UNION OF INDIA vs P.GUNASEKARAN · Niyam