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2020 (10) TMI 1376 - SC - Indian LawsMurder - disciplinary enquiry - Proof of misconduct in disciplinary proceedings - acquittal of accused - HELD THAT:- In the present case, the Respondent was acquitted of the charge of murder - The verdict of the criminal trial did not conclude the disciplinary enquiry. The disciplinary enquiry was not governed by proof beyond reasonable doubt or by the Rules of evidence which governed the criminal trial. True, even on the more relaxed standard which governs a disciplinary enquiry, evidence of the involvement of the Respondent in a conspiracy involving the death of Bhanwar Singh would be difficult to prove. But there are circumstances emerging from the record of the disciplinary proceedings which bring legitimacy to the contention of the State that to reinstate such an employee back in service will erode the credibility of and public confidence in the image of the police force. The direction of the Division Bench for reinstatement is set aside. In exercise of the jurisdiction Under Article 142 of the Constitution, it is directed that the cessation from service will notionally take place on the Respondent completing minimum qualifying service. The direction of the High Court that the Respondent shall not be entitled to back wages is upheld. The retiral dues of the Respondent shall be computed and released on this basis within a period of three months - Appeal allowed.
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