Supreme Court of India · 2018-07-02
UNION OF INDIA vs RAM LAKHAN SHARMA
- Citation / case number
- SC 2011/20746
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- RAM LAKHAN SHARMA
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI
Judgment text excerpt
The Supreme Court upheld the Gauhati High Court's decision to reinstate the respondent, Ram Lakhan Sharma, who was removed from service under Section 11(1) of the Central Reserve Police Force Act, 1949 and Rule 27 of the Central Reserve Police Force Rules, 1955. The Court emphasized that the removal was based on allegations that were not substantiated, as the respondent was acquitted in the criminal case under Section 376 IPC. The Court held that the disciplinary authority must conduct a fresh inquiry, ensuring due process is followed before any punitive action is taken.