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july 2018

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.

UNION OF INDIA vs RAM LAKHAN SHARMA · Niyam