SAMAR BAHADUR SINGH versus STATE OF U.P. & ORS.

SAMAR BAHADUR SINGH versus STATE OF U.P. & ORS.

Departmental proceedings proven on preponderance of probabilities; acquittal in criminal case is irrelevant; punishment of dismissal is not disproportionate and does not shock the conscience.

Parties
Appellant: Samar Bahadur Singh; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
05 September 2011
Procedural Posture
Civil Appeal / Final Disposition After Order of High Court, Tribunal, and Departmental Authorities
Outcome
Appeal dismissed.
Legal Topics
Departmental Proceedings, Dismissal From Service, Proportionality of Punishment, Standard of Proof
Service Law Departmental Proceedings Dismissal From Service Proportionality of Punishment Standard of Proof

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Parties

Samar Bahadur Singh

Appellant

State of U.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition After Order of High Court, Tribunal, and Departmental Authorities

Legal Issues

  1. 1 Whether acquittal in criminal case affects departmental proceedings
  2. 2 Whether dismissal from service is disproportionate to the charges proved

Ratio Decidendi

Departmental proceedings proven on preponderance of probabilities; acquittal in criminal case is irrelevant; punishment of dismissal is not disproportionate and does not shock the conscience.

Court Disposition

Appeal dismissed.

Orders

  • Delay in filing rejoinder condoned.
  • Leave granted.