NDLI: Shashi Bhusan Prasad Vs. Inspector General Central Industrial Security Force & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Dismissal Service Law Propriety of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law: Dismissal – Propriety of – Departmental Inquiry under CISF Rules – On the charge of gross misconduct in discharge of duties – Alleged that he had handed over an unlicensed fire-arm with ammunitions to a person, which had facilitated another person in committing an offence u/ss. 302/392 IPC and s. 27 of Arms Act – In the meantime criminal case was also instituted against the delinquent u/s. 25(1) of Arms Act (wherein the delinquent was acquitted as the material witnesses turned hostile) – Inquiry Officer found him guilty – Disciplinary authority upheld the finding and inflicted penalty of dismissal from service – Order of dismissal further approved by Appellate as well as Revisional Authority – Writ Petition dismissed by High Court – Appeal to Supreme Court – Held: Acquittal in criminal proceedings would not absolve the delinquent from the liability under disciplinary proceedings – In the present case charge in criminal case and departmental enquiry were different having no nexus/co-relationship and were based on different sets of facts – There was also no error committed in the procedure prescribed under the scheme of CISF Rules – There is no violation of principles of natural justice – Therefore, it was not open for the High Court to interfere with disciplinary proceedings under its limited scope of review u/Art. 226 & 227 of the Constitution – Central Industrial Security Force Rules, 1969 – r. 34.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2019 INSC 850
Petitioner	Shashi Bhusan Prasad
Respondent	Inspector General Central Industrial Security Force & Ors.
SCR	[2019] 10 S.C.R. 1098
Judgement Date	2019-08-01
Case Number	7130

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