KULDIP SINGH versus STATE OF PUNJAB AND OTHERS

KULDIP SINGH versus STATE OF PUNJAB AND OTHERS

Once the disciplinary and appellate authorities accepted the appellant's confession as voluntary and true, and validly invoked Article 311(2) proviso (b) citing impracticability of enquiry, Supreme Court will not interfere; strict rules of evidence do not apply to departmental enquiry, and High Court’s finding is justified.

Parties
Appellant: Kuldip Singh; Respondents: State of Punjab and Others
Jurisdiction
India
Judgment Date
16 September 1996
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Dismissal of Writ Petition
Outcome
Appeal dismissed
Legal Topics
Dismissal of Police Officer, Departmental Enquiry, Dispensing With Enquiry Under Article 311, Voluntariness of Confession, Admissibility of Evidence in Departmental Proceedings

Case Brief

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Parties

Kuldip Singh

Appellant

State of Punjab and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Dismissal of Writ Petition

  1. 1 Whether dismissal without enquiry under Article 311(2) proviso (b) was justified
  2. 2 Admissibility and voluntariness of confession made to police in departmental proceedings

Ratio Decidendi

Once the disciplinary and appellate authorities accepted the appellant's confession as voluntary and true, and validly invoked Article 311(2) proviso (b) citing impracticability of enquiry, Supreme Court will not interfere; strict rules of evidence do not apply to departmental enquiry, and High Court’s finding is justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.