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Union of India & Ors. vs Suresh Kumar Singh

Civil Appeal · 2022 INSC 632Decided 1 Jun 2022
Civil Appeal No. 4410 of 2012
B.R. Gavai · Hima Kohli

Background

A CRPF constable, Suresh Kumar Singh, was departmentally charged in 1999 with misconduct: allegedly pressuring for cancellation of his transfer order and impersonating a Member of Parliament in a phone call to senior CRPF officers to get the transfer cancelled. He was found guilty and removed from service. On appeal, the Appellate Authority found the inquiry had not examined key witnesses and ordered a fresh (de novo) inquiry, which again found him guilty, though the punishment was later reduced to 28 days' confinement with forfeiture of pay. He challenged this before the High Court.

Decision Breakdown

Both the Single Judge and Division Bench of the Patna High Court had set aside the punishment, finding that three vital witnesses (the Additional DIGP, the constable allegedly involved, and the STD booth owner) were never examined despite an opportunity to do so, leaving the charges essentially unproved ("no evidence"). The Supreme Court agreed, holding that the precedent relied on by the Union of India did not apply because this case had a specific finding of a serious lacuna in the inquiry. The appeal was dismissed, and the Union of India was directed to clear all of the respondent's pending dues (salary/benefits withheld for over a decade) within three months.

Lesson Learnt

A disciplinary finding of guilt cannot stand if the inquiry fails to examine the witnesses central to proving the charge. Courts will treat such a gap as a case of "no evidence" and set the punishment aside.

Official source (sci.gov.in)View Judgment (PDF)

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