NDLI: Union of India and Ors. Vs. Sitaram Mishra and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Dismissal from service s. 11(1) of CRPF Act r/w CRPF Rules Standard of proof Departmental Enquiry Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Central Reserve Police Force Act, 1949 (66 of 1949)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Dismissal from service – Under s. 11(1) of CRPF Act r/w CRPF Rules – After holding disciplinary enquiry – Holding the delinquent guilty of misconduct for carelessly handling the weapon assigned to him as a member of the force, resulting in death of one person – In criminal case u/s. 304 IPC the delinquent was acquitted – Writ petition challenging dismissal from service – Dismissed by High Court – Division Bench of High Court set aside the order of Single Judge holding that charge of misconduct was not established – Appeal to Supreme Court – Held: There was no irregularity in the enquiry – High Court in exercise of judicial review was wrong in reappreciating the evidence and interfering with the finding of disciplinary authority – Acquittal of the delinquent in the criminal case cannot operate ipso facto as a ground for vitiating the finding of misconduct in disciplinary proceedings – Central Reserve Police Force Act, 1949 – s. 11(1) – Central Reserve Police Force Rules, 1955 – r.27(a). Departmental Enquiry – Standard of proof – Vis-a-vis criminal trial – Disciplinary enquiry is governed by a different standard of proof than that which applies to a criminal case – Criminal trial – Evidence – Standard of proof. Administrative Law: Judicial Review – In disciplinary matters – Scope of – Held: While deciding a finding of misconduct in a disciplinary enquiry, Court cannot reappreciate evidence – Such finding can be interfered with only where the finding is based on no evidence.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 749
Petitioner	Union Of India And Ors.
Respondent	Sitaram Mishra And Anr.
SCR	[2019] 9 S.C.R. 585
Judgement Date	2019-07-11
Case Number	6183

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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