Supreme Court of India
THE STATE OF RAJASTHAN & ORS.versusHEEM SINGH
- Citation
- 2020 INSC 621
- Decided
- 29 October 2020
- Disposal
- Appeal(s) allowed
- Bench
- D Y CHANDRACHUD
Holding
The Supreme Court held that the disciplinary dismissal was valid as the departmental inquiry, applying the pre‑ponderance of probabilities standard, found sufficient evidence that the respondent's conduct affected the integrity of the police force, and the High Court's reinstatement order was set aside.
Summary
Heem Singh, a Rajasthan police constable, was dismissed after a departmental enquiry found him guilty of misconduct for allegedly committing murder while on leave. He had been acquitted of the murder charge in a criminal trial because key witnesses turned hostile and the prosecution failed to prove guilt beyond reasonable doubt. The State argued that the disciplinary inquiry, which applies a pre‑ponderance of probabilities standard, was justified as his alleged conduct tarnished the police force’s reputation. The High Court’s Division Bench reinstated him, ignoring the cross‑examination of the key witness and the broader evidential context. The Supreme Court held that the departmental finding was supported by sufficient material, that the higher standard of proof in criminal trials does not govern disciplinary proceedings, and that the reinstatement order was perverse and disproportionate. Consequently, the dismissal was upheld and the reinstatement set aside.
Issues considered
- The appropriate standard of proof in a disciplinary enquiry versus a criminal trial.
- Whether an acquittal in a criminal case precludes dismissal in a departmental proceeding.
- The scope of judicial review over disciplinary findings and when courts may intervene.
- Whether the High Court erred in reinstating the respondent by disregarding material evidence.
- The applicability of the concept of "honourable acquittal" to entitlement of reinstatement.
Legislation cited
- Code of Criminal Procedures. 107, s. 161
- Constitution of Indias. Article 142, s. Article 226
- Indian Evidence Act, 1872s. 27
- Indian Penal Code, 1860s. 120B, s. 201, s. 209, s. 279, s. 302, s. 304A, s. 34
- Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958s. Rule 14, s. Rule 16
Subjects
service lawdisciplinary dismissalstandard of proofpreponderance of probabilitieshonourable acquittaljudicial reviewpolice integritydepartmental enquiryreinstatementArticle 226Article 142
Judgment
[2020] 13 S.C.R. 951 951
THE STATE OF RAJASTHAN & ORS. A
v.
HEEM SINGH
(Civil Appeal No. 3340 of 2020)
OCTOBER 29, 2020 B
[DR. DHANANJAYA Y CHANDRACHUD AND
INDIRA BANERJEE, JJ.]
Service Law – Dismissal from service after a disciplinary
enquiry – The respondent was appointed as a constable in the State
C
police service – It was alleged that the respondent overstayed leave
by a period of 3 days beyond the leave sanctioned – Few days
thereafter, he was arrested for the offence of murder u/s.302 IPC –
It was alleged that there was a dispute over land between the
respondent and victim-deceased – Also, the respondent’s father was
bitten by snake and he was treated by the victim using witchcraft, D
which did not yield result, leading to the death of respondent’s father
– According to the prosecution, the respondent bore a grudge towards
the victim due to this incident and had proclaimed to kill him –
Victim’s death was caused by an accident with an unknown vehicle
– The Trial Court found that the deceased had intimated at the police
E
station a threat to his life from the respondent few years before the
incident – A succession of prosecution witnesses were declared hostile
(PWs 3, 4, 5,17, 18, 19, 20, 22, 23 and 34) and the Court found it
unsafe to rely upon the evidence of PW-1 based on inconsistencies
in his evidence – The respondent was given the benefit of doubt
and was acquitted – However, in disciplinary proceedings under F
the Rajasthan Civil Services (Classification, Control and Appeal)
Rules 1958, the enquiry officer found charges of misconduct proved
that the respondent as a member of the police force had committed
an act of murder while on leave – Consequently, he was dismissed
from service – The appeal and review filed by the respondent were
G
dismissed – The writ petition filed by the respondent was also rejected
by the Single Judge of the High Court – However, the Division
Bench of the High Court reversed the judgment of the Single Judge
and directed reinstatement of the respondent in service with
consequential benefits but without back-wages – On appeal, held:
The standard of proof in disciplinary proceeding is different from H
951
952 SUPREME COURT REPORTS [2020] 13 S.C.R.
A that of criminal trial – While the standard of proof in criminal case
is a proof beyond all reasonable doubt, the proof in a departmental
proceeding is a preponderance of probabilities – In the instant case,
the respondent and his parked tractor were seen proximate in time
and in terms of the location where victim’s dead body was found by
both PW1 and PW3 – The respondent was found to be together with
B
one of the co-accused proximate in time – These circumstances are
coupled with respondent’s movements at and around the time of the
murder, commencing with but not confined to his being at the village
on leave for 2 days coinciding with the murder – This may not be
sufficient to sustain a conviction on a charge of murder in the session
C trial – But, the State had sufficient material to conclude that the
connection of respondent to the incident would affect the reputation
of its police force – The reinstatement of such an employee back in
service will erode the credibility of and public confidence in the
image of the police force – Therefore, the direction of the Division
Bench for reinstatement set aside.
D
In judicial review over disciplinary matters – Held: Two ends
of spectrum - First is a rule of restraint founded on deference to the
position of the disciplinary authority as a fact finding authority
and autonomy of the employer in maintaining discipline and
efficiency of the service – At the other end of the spectrum is the
E principle that the court has the jurisdiction to interfere when the
findings in the enquiry are based on no evidence or when they
suffer from perversity – A failure to consider vital evidence is an
incident of what the law regards as a perverse determination of
fact – Service jurisprudence has recognized the authority of the
F court to interfere when the finding or the penalty are disproportionate
to the weight of the evidence or misconduct.
Allowing the appeal, the Court
HELD: Evidence in the disciplinary enquiry
G 1. A complete review of the evidence indicates there was a
pre-existing hostility between the respondent and the victim-
deceased. This hostility initially arose in the context of a land
dispute. The hostility between them escalated exponentially after
the death of the respondent’s father for which he blamed victim.
It evidently rose to an extent where the respondent openly issued
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 953
a death threat to victim, leading victim to file a police complaint A
against the respondent apprehending a threat from the
respondent to his safety. As regards the incident leading to the
death of victim, the respondent and his parked tractor were seen
proximate in time and in terms of the location where victim’s
dead body was found by both PW1 and PW3. The respondent was
B
found to be together with one of the co-accused proximate in
time. These circumstances are coupled with respondent’s
movements at and around the time of the murder, commencing
with but not confined to his being at the village on leave for two
days coinciding with the murder. This may not have been sufficient
to sustain a conviction on a charge of murder in the sessions C
trial. But the State had sufficient material to conclude that the
connection of the respondent to the incident would affect the
reputation of its police force and that the presence of the
respondent as a member of the force was not in the interest of
public administration. Whether on the basis of the evidence, the
D
respondent could have been implicated in the conspiracy to
commit murder of victim is one aspect of the matter. Evidently
direct evidence to sustain a charge of conspiracy is difficult to
come by even in the course of a criminal trial. Quite independent
of this is the issue whether the connection of the respondent
with the circumstances leading to the death of victim affected his E
ability to continue in the State police force without affecting its
integrity and reputation. The latter aspect is the one on which
the judgment of the Division Bench is found to be deficient in its
reasoning. [Para 28][979-E-H; 980-A-C]
Judicial review over disciplinary matters F
2. In exercising judicial review in disciplinary matters, there
are two ends of the spectrum. The first embodies a rule of
restraint. The second defines when interference is permissible.
The rule of restraint constricts the ambit of judicial review. This
is for a valid reason. The determination of whether a misconduct G
has been committed lies primarily within the domain of the
disciplinary authority. The judge does not assume the mantle of
the disciplinary authority. Nor does the judge wear the hat of an
employer. Deference to a finding of fact by the disciplinary
authority is a recognition of the idea that it is the employer who
H
954 SUPREME COURT REPORTS [2020] 13 S.C.R.
A is responsible for the efficient conduct of their service.
Disciplinary enquiries have to abide by the rules of natural justice.
But they are not governed by strict rules of evidence which apply
to judicial proceedings. The standard of proof is hence not the
strict standard which governs a criminal trial, of proof beyond
reasonable doubt, but a civil standard governed by a
B
preponderance of probabilities. Within the rule of preponderance,
there are varying approaches based on context and subject. The
first end of the spectrum is founded on deference and autonomy
– deference to the position of the disciplinary authority as a fact
finding authority and autonomy of the employer in maintaining
C discipline and efficiency of the service. At the other end of the
spectrum is the principle that the court has the jurisdiction to
interfere when the findings in the enquiry are based on no
evidence or when they suffer from perversity. A failure to consider
vital evidence is an incident of what the law regards as a perverse
determination of fact. Proportionality is an entrenched feature of
D
our jurisprudence. Service jurisprudence has recognized it for
long years in allowing for the authority of the court to interfere
when the finding or the penalty are disproportionate to the weight
of the evidence or misconduct. Judicial craft lies in maintaining a
steady sail between the banks of these two shores which have
E been termed as the two ends of the spectrum. Judges do not rest
with a mere recitation of the hands-off mantra when they exercise
judicial review. To determine whether the finding in a disciplinary
enquiry is based on some evidence an initial or threshold level of
scrutiny is undertaken. That is to satisfy the conscience of the
court that there is some evidence to support the charge of
F
misconduct and to guard against perversity. But this does not
allow the court to re-appreciate evidentiary findings in a
disciplinary enquiry or to substitute a view which appears to the
judge to be more appropriate. To do so would offend the first
principle which has been outlined above. The ultimate guide is
G the exercise of robust common sense without which the judges’
craft is in vain. [Para 33][982-G-H; 983-A-G]
The effect of an acquittal
3. In the present case, the respondent was acquitted of the
charge of murder. The circumstances in which the trial led to an
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 955
acquittal have been elucidated in detail above. The verdict of the A
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
B
respondent in a conspiracy involving the death of victim 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. [Para 35][986-C-E] C
M. Siddiq v. Suresh Das (2020) 1 SCC 1 – followed.
Suresh Pathrella v. Oriental Bank of Commerce (2006)
10 SCC 572 : [2006] 7 Suppl. SCR 564; Samar
Bahadur Singh v. State of U.P. (2011) 9 SCC 94 : [2011]
11 SCR 136; P. John Chandy and Co. (P) Ltd. v. John D
P. Thomas (2002) 5 SCC 90 : [2002] 3 SCR 549; Moni
Shankar v. Union of India (2008) 3 SCC 484; Southern
Railway Officers Association v. Union of India (2009)
9 SCC 24 : [2009] 12 SCR 429; Inspector General of
Police v. S. Samuthiram (2013) 1 SCC 598 : [2012] 11 E
SCR 174 – relied on.
Case Law Reference
[2006] 7 Suppl. SCR 564 relied on Para 13
[2011] 11 SCR 136 relied on Para 13 F
(2020) 1 SCC 1 followed Para 29
(2008) 3 SCC 484 relied on Para 30
[2002] 3 SCR 549 relied on Para 32
[2009] 12 SCR 429 relied on Para 34 G
[2012] 11 SCR 174 relied on Para 34
H
956 SUPREME COURT REPORTS [2020] 13 S.C.R.
A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3340
of 2020.
From the Judgment and Order dated 24.04.2019 of the High Court
of Judicature for Rajasthan at Jodhpur in D.B. Special Appeal (Writ)
No. 577 of 2018.
B Ashish Kumar, AAG, Milind Kumar Adv. for the Appellants.
Jasmeet Singh, Saif Ali, Pushpendra S. Bhadoriya, Ms. Rusheet
Saluja, Advs. for the Respondent.
The Judgment of the Court was delivered by
C DR DHANANJAYA Y CHANDRACHUD, J.
This judgment has been divided into sections to facilitate analysis.
They are:
A The appeal
D B Murder, trial and disciplinary enquiry
C Submissions of counsel
D Proof of misconduct in disciplinary proceedings
E Findings of the disciplinary enquiry
E F The judgment of the Division Bench
G Evidence in the disciplinary enquiry
H On a ‘preponderance of probabilities’
I Judicial review over disciplinary matters
F J The effect of an acquittal
K Conclusion
A The appeal
1. This appeal is from a judgment dated 24 April 2019 of a Division
G Bench of the High Court of Judicature for Rajasthan at Jodhpur. The
respondent, who was a police constable, filed a petition under Article
226 of the Constitution to challenge his dismissal from service after a
disciplinary enquiry. A Single Judge of the High Court, by a judgment
dated 1 February 2018, dismissed the petition. The Division Bench
reversed the judgment and concluded that there is no evidence in the
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 957
[DR DHANANJAYA Y CHANDRACHUD, J.]
disciplinary enquiry to sustain the finding that the respondent committed A
a murder while on leave from duty. Independently, he has also been
acquitted in a Sessions trial on the charge of murder. The Division Bench
granted the respondent reinstatement in service with no back wages for
the seventeen years that elapsed since his termination. The State comes
in appeal.
B
B Murder, trial and disciplinary enquiry
2. In 1992, the respondent was appointed as a Constable in the
police service of Rajasthan. On 13 August 2002, he proceeded on leave
and had to report back on duty on 16 August 2002. He failed to do so
and eventually reported for work on 19 August 2020. He sought and C
was granted permission for over-staying his leave on the ground that his
brother-in-law, Shankar Singh had died. On 15 August 2002, one Daulat
Singh lodged a written complaint at Police Station, Khamnaur in relation
to the death of his brother Bhanwar Singh, caused by an accident with
an unknown vehicle. The police initially registered a crime under Sections
209 and 304A of the Indian Penal Code1. The statements of Daulat D
Singh, Jodh Singh, Meera and Hamer Singh were recorded under Section
161 of the Code of Criminal Procedure 19732. It appeared during the
course of the investigation that the death was homicidal. The investigation
by the police proceeded for an offence punishable under the provisions
of Section 302 of the IPC. The respondent was arrested on 9 September E
2002. There were two co-accused, Lokesh Gurva and Iqbal Khan. After
the investigation was completed, a charge-sheet was filed under Sections
302, 201 and 120B. Sessions Case 3 of 2003 was committed for trial to
the court of the Additional Sessions Judge, Nathdwara.
3. The case of the prosecution was that there was a dispute over F
land between the respondent and Bhanwar Singh. Moreover, the
respondent’s father had been treated for a snake bite by Bhanwar Singh
but his witchcraft did not yield result, leading to the death of the father.
According to the prosecution, the respondent bore a grudge towards the
deceased due to this incident and had proclaimed earlier that he would
kill him. G
4. During the pendency of the criminal trial, a memorandum was
issued on 18 January 2003 to the respondent, followed by a charge-
1
“IPC”
2
“CrPC” H
958 SUPREME COURT REPORTS [2020] 13 S.C.R.
A sheet, convening disciplinary proceedings under the provisions of Rule
16 of the Rajasthan Civil Services (Classification, Control and Appeal)
Rules 19583. The imputations against the respondent are extracted below,
together with the familiar errors of grammar and translation:
“1. That you on 13.08.02 from Station House Officer, P.S. Devgarh
B got one casual leave and one gazette leave sanctioned and left for
your home, as per which you have to attend duty on 16.08.02 at
A.M. but you did not attend the duty on time and attended the
duty on 19.08.02 after remaining absent for 3 days, which is proved
from record.
C 2. That even during the absence period you did not inform any
officer about the reason of your absence and also not submitted
any extension, which is proved from record.
3. That you at your residence on 15.08.02 during leave Shri
Bhanwar Singh S/o Chandan Singh Rajput R/o Ravo ki Gudli,
D who was working in PWD Department, Nathdwara and was going
on his duty and because of dispute regarding land between you
and Bhanwar Singh you with help of Lokesh, Iqbal to kill Bhanwar
Singh hit him with jeep at Bheel Basti Kunthwa, due to which he
fell down and while shouting your companion Iqbal brought iron
rod from jeep and hit on forehead of Bhanwar Singh due to which
E he died on the spot. You are an employee of disciplined department
and have knowledge of law, you have committed such a grievous
offence, due to which image of police is blurred among public,
which is proved from record.
4. That you after committing murder of Bhanwar Singh, you and
F your companion ran away from the spot and having knowledge of
law gave form of an accident to the murder, which is proved from
records and initial inquiry.
5. That you after the said incident by joining duty 19.08.02 at
police station Devgarh while hiding reality and by telling reason of
G absence as accident of Bhanwar Singh you get sanctioned period
3 leaves from the SHO as casual leaves where you had committed
murder. Thus, you have knowingly mislead your superior officer,
which is proved from the initial inquiry and record .
3
H “the Rules”
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 959
[DR DHANANJAYA Y CHANDRACHUD, J.]
6. That you are an employee of disciplined department, has full A
knowledge of law and despite of having knowledge of law you
committed a heinous crime, which seriously hurt the image of
police department among general public and your said act has
blurred the image of police among public. Your said act comes
under category of ‘savior only eater’, which is proved from the
B
initial inquiry and record.”
5. By a judgment dated 8 October 2003, the Additional Sessions
Judge acquitted the respondent and the two co-accused, giving them the
benefit of doubt. The Additional Sessions Judge observed that PW1
Meera and PW2 Poorna Devi, the daughters of the deceased, were not
present at the scene of offence and their evidence was hearsay. A C
succession of witnesses – PW3 Jai Singh, PW4 Babudas, PW5 Sundarlal,
PW17 Jagat Singh, PW18 Kishan Singh, PW19 Banshi Lal, PW20
Shankar Singh, PW22 Devi Singh, PW23 Kaisar Singh and PW34 Pratap
Singh – were declared hostile during the course of the trial. The case
turned on the evidence of PW21 Jodh Singh, the alleged eye-witness. D
The Additional Sessions Judge found that on 7 September 2000, about 2
years prior to the incident, the deceased had intimated the SHO at
Khamnaur P.S. recording a threat to his life inter alia from the respondent.
The SHO registered a report under Section 107 of the CrPC and
conducted proceedings. Although finding prima facie that there was
enmity between the respondent and the deceased, the Additional Sessions E
Judge declined to accept the evidence of PW21. While evaluating it in
the context of the co-accused, Lokesh, the Additional Sessions Judge
noted:
“Thus, this evidence is prima facie … that accused Heem Singh
has enmity with deceased Bhanwar Singh. Whether due to this F
enmity Heem Singh by conspiring with co-accused persons by
telling accident by jeep with aid of co-accused Iqbal committed
murder of Bhanwar Singh, on this point the observation of this
Court is that accused Lokesh Gaurva who was told as jeep driver
by the witness Jodh Singh at the time of incident, against that G
Lokesh Gaurva by involving with Heem Singh at the time of
incident hitting Bhanwar Singh by jeep such evidence is not given
by PW-21 Jodh Singh. Additional Public Prosecutor on this
point during cross-examination has not taken on record by
seeking any clarification or declaring PW-21 as hostile. Thus,
H
960 SUPREME COURT REPORTS [2020] 13 S.C.R.
A there is no evidence on record for conviction of accused Lokesh
Gaurva under Sections 302, 201, 120B IPC read with Section 34
IPC.” (emphasis supplied)
The above extract indicates that the Public prosecutor did not
have PW21 declared hostile, though this should have been ordinarily, the
B correct course of action. The Additional Sessions Judge declined to
believe the testimony of PW21 insofar as the respondent and co-accused
Iqbal were concerned, finding that the witness was inconsistent and
untrustworthy. The respondent was given the benefit of doubt and was
acquitted.
C 6. The disciplinary enquiry on the charge of murder proceeded
with much the same evidence. Jodh Singh was the star witness during
the disciplinary proceedings. During the course of the disciplinary enquiry,
the enquiry officer recorded the statements of PW1 Jodh Singh, PW2
Devi Singh, PW3 Shankar Singh and PW4 Hamer Singh among several
witnesses. The disciplinary enquiry led to the submission of the enquiry
D report. The enquiry officer found the charges to be proved. The findings
on each of the charges are extracted below:
“CHARGE NO.1
Said constable on 13.08.02 from Station House Officer, P.S.
E Devgarh get on one casual leave and one gazette leave sanctioned
and left for his home who has not attended the duty on time and
attended the duty after 3 days, which is proved from the statements
of Shri Bhanwar Singh, S.I. SHO Devgarh, Shri Bhanwar Singh
Const. No.351, Shri Rajesh Kumar, Const. No. 563 & Shri
Munishwar Mishra, Ka.Ii. and from copy of GD Report. Thus, I
F found the said charge as completely proved.
CHARGE NO.2
The Constable during the absence period did not inform any officer
about the reason of his absence and also not submitted any
extension, which is proved from records and statements of Shri
G
Muniswar Mishra, Ka. Li. Force Branch, Shri Bhanwar Singh
S.I. SHO Devgarh. Thus, I found the said charge as completely
proved.
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 961
[DR DHANANJAYA Y CHANDRACHUD, J.]
CHARGE NO.3 A
The said constable at his residence on 15.08.02 during leave Shri
Bhanwar Singh S/o Chandan Singh Rajput R/o Ravo ki Gudli,
who was working in PWD Department, Nathdwara and was going
on his duty and because of dispute regarding land between him
and Bhanwar Singh, he with help of Lokesh, Iqbal to kill Bhanwar B
Singh hit him with jeep at Bheel Basti Kunthwa, due to which he
fell down and while shouting his companion Iqbal brought iron rod
from jeep and hit on forehead of Bhanwar Singh due to which he
died on the spot. Thus, being an employee of disciplined department
and having knowledge of law, he has committed such a grievous
offence due to which image of police is blurred among public. C
In respect of said charge the prosecution has produced statements
of Jodh Singh PW-1, Devi Singh PW-2, Shankar Singh PW-3,
Hamer Singh PW-4, out of which Jodh Singh PW-1 in his statement
at the time of incident has proved presence of himself, charged
constable and tractor at the place of incident. Similarly, witness D
Shankar Singh PW-3 stated that he saw half an hour ago to the
incident, the charged constable roaming near place of incident
and his parked tractor. Similarly, witness Shri Hamer Singh PW-4
stated that there is prior enmity between charged constable and
deceased Bhanwar Singh and prior to the death of father of E
charged constable, stating through witness to Bhanwar Singh that
I will kill him by hitting with jeep or tractor and the incident of
same kind is committed. Similarly, witness Shri Nanalal SHO
Khamnaur PW-9 also in his statement against the charged constable
on finding offence verified arresting him and seizure of iron rod,
jeep & tractor used in the incident. Thus, from the aforesaid F
analysis the said charge is found as completely proved.
The charged constable in defense of said charge has produced a
copy of order passed by the Hon’ble Additional Sessions Judge
Nathdwara in case related to said incident, after perusal of which
it is found that the Hon’ble Court has not completely acquitted the G
said constable rather acquitted by giving him the benefit of doubt.
From this it is clear that the Hon’ble Court has not acquitted
charged constable in free form. Thus, I found said charge as
completely proved due to which the image of police has blurred.
H
962 SUPREME COURT REPORTS [2020] 13 S.C.R.
A CHARGE NO.4
It is the charge against constable that he after committing murder
of Bhanwar Singh, along with his companions ran away from the
spot and having knowledge of law gave form of an accident to
the murder.
B PW-1 Jodh Singh, PVV-3 Shankar Singh, PW-4 Hamer Singh,
PW-9 Nanalal has confirmed the aforesaid charge. Thus, said
charge is completely proved from the enquiry.
CHARGE NO.5
C It is the charge against constable that he while joining duty on
19.08.02 at police station Devgarh by hiding reality and by telling
reason of absence as accident of Bhanwar Singh he got sanctioned
period of 3 leaves from the SHO as casual leaves.
Said charge is proved from the statements of witnesses PW-7
D Shri Rajesh Kumar, PW-6 Bhanwar Singh S.I. and aamad report
Ext. P-8 written by charged constable. Thus, I found the said
charge as completely proved.
CHARGE NO.6
It is the charge against constable that he being an employee of
E disciplined department, has full knowledge of law and despite of
having knowledge of law he has committed a heinous crime, which
seriously hurt the image of police department among general public.
Since, from the enquiry the Charge No. 1 to 5 are completely
proved. Thus, the said charge automatically gets completely
F proved.”
7. The disciplinary authority issued a notice to show cause to the
respondent on 23 October 2003, to which he submitted a response on 17
November 2003. On 11 December 2003, the District Superintendent of
Police came to the conclusion that though the respondent had been given
G the benefit of doubt in the criminal trial, the charges against him stood
established. He was dismissed from service. The appeal preferred by
the respondent was dismissed by the Inspector General of Police on 17
June 2005. A review before the State Government was dismissed on 29
August 2008. This led to the institution of writ proceedings before the
High Court. A learned Single Judge of the High Court, by a judgment
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 963
[DR DHANANJAYA Y CHANDRACHUD, J.]
dated 1 February 2018, rejected the Writ Petition. In appeal, the judgment A
of the Single Judge was reversed by the Division Bench on 24 April
2019. By its judgment, the Division Bench directed re-instatement of the
respondent in service with consequential benefits but without back-wages.
C Submissions of counsel
8. Mr Ashish Kumar, AAG appearing on behalf of the appellants B
submits that:
(i) In a disciplinary enquiry involving a charge of misconduct,
the test is whether the charge is established on a
‘preponderance of probabilities’ unlike in a criminal trial where
the prosecution has to establish their case ‘beyond reasonable C
doubt’;
(ii) While exercising judicial review under Article 226 of the
Constitution against the findings in a disciplinary enquiry the
court cannot reappreciate the evidence in the manner of an
appellate court, and so long as the finding of misconduct is D
based on some evidence, no interference is warranted;
(iii) The High Court has failed to ascribe adequate weight to the
orders in the disciplinary proceedings: the order dated
11 December 2003 pursuant to departmental proceedings;
the order dated 17 June 2005 of the Inspector General of E
Police exercising appellate powers; and the order dated 29
August 2008 in review proceedings passed by the Home
Department; and
(iv) The evidence in the disciplinary enquiry indicates that:
F
(a) There was enmity between the deceased and the respondent
arising out of a dispute over land;
(b) The co-accused was found at the scene of offence;
(c) The deceased had a couple of years prior to the incident,
lodged a complaint with the police apprehending danger from G
the respondent;
(d) The evidence of PW1 Jodh Singh and PW3 Shanker Singh
showed the presence of the respondent in the vicinity; and
(e) The judgment in the criminal trial, acquitting the respondent
of the offence of murder, did not constitute a clean acquittal H
but was founded on the benefit of doubt.
964 SUPREME COURT REPORTS [2020] 13 S.C.R.
A 9. On the above grounds, it was urged that the High Court has
transgressed the limitations on its power of judicial review in allowing
the appeal, setting aside the judgment of the Single Judge and in interfering
with the disciplinary penalty imposed by the appellants.
10. On the other hand, Mr Jasmeet Singh, learned Counsel
B appearing on behalf of the respondent submitted that:
(i) The departmental enquiry was concluded in violation of the
rules governing the enquiry. All the orders in the disciplinary
enquiry were based on the examination-in-chief of an alleged
eye-witness, PW1 Jodh Singh, while ignoring that his deposition
C was completely demolished in the course of the cross-
examination;
(ii) In the course of the cross-examination, PW1 Jodh Singh
admitted that he had named the respondent only under the
pressure of the Sarpanch. The disciplinary authority as well
D as the appellate and reviewing authorities ignored vital
evidence, and consequently their findings were perverse;
(iii) Since the alleged crime took place outside the scope of service,
it was incumbent upon the department to place reliance on
the entire record of the Sessions trial in which the respondent
E was acquitted. The departmental enquiry is based on a selective
examination of the records of the Sessions Court;
(iv) The entire evidence on record would demonstrate that the
respondent was not even remotely connected with the murder
of Bhanwar Singh; and
F (v) There is a “minor charge” against the respondent of availing
of three days extra casual leave without informing the superior
officer. On this charge, it has been submitted that:
(a) The grant of additional casual leave was approved upon
his joining duties by the superior officer and the charge
G was duly modified to state that the approval was taken
by misrepresenting facts; the respondent was alleged to
have concealed his involvement in the crime of murder;
(b) If the charge of being involved in the murder is not
established, this charge will cease to exist; and
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 965
[DR DHANANJAYA Y CHANDRACHUD, J.]
(c) Even assuming, without conceding, that the respondent A
was guilty of taking casual leave without informing the
superior, he was never guilty of such conduct in the past
and the leave was taken because of the death of his
brother-in-law.
11. On the basis of the above submissions, it has been urged that B
the findings in the departmental enquiry were perverse and have been
correctly set aside by the Division Bench of the High Court. The
respondent has been out of service for 17 years and has (it has been
urged) had to combat the social stigma of being terminated from service.
The High Court having since re-instated the respondent without back-
wages, it was urged that no interference by this Court is warranted. C
D Proof of misconduct in disciplinary proceedings
12. The primary charge in the disciplinary proceedings relates to
the involvement of the respondent in the murder of Bhanwar Singh.
According the respondent, the disciplinary enquiry pertains to an event D
which took place outside the fold of his service. It was asserted that the
disciplinary enquiry in regard to the involvement of the respondent in a
murder bore no nexus to his employment. This submission cannot stand
scrutiny, having regard to the nature of the employment and the position
of the respondent as member of the police force. The respondent was a
constable in the service of the police department of the State of Rajasthan E
since 1992. Involvement of a member of the police service in a heinous
crime (if it is established) has a direct bearing on the confidence of
society in the police and in this case, on his ability to serve as a member
of the force. Such an individual is engaged by the State as a part of the
machinery designed to preserve law and order. The State can legitimately F
assert that it is entitled to proceed against an employee in the position of
the respondent in the exercise of its disciplinary jurisdiction, for a breach
of the standard of conduct which is expected of a member of the state
police service. Confidence of the State in the conduct and behaviour of
persons it has appointed to the police is integral to its duty to maintain
law and order. The real issue is whether the charge of misconduct stands G
established in this case on the basis of some evidence, applying the
evidentiary principle of a preponderance of probabilities.
13. The standard of standard of proof in disciplinary proceedings
is different from that in a criminal trial. In Suresh Pathrella v. Oriental
H
966 SUPREME COURT REPORTS [2020] 13 S.C.R.
A Bank of Commerce4, a two judge Bench of this Court differentiated
between the standard of proof in disciplinary proceedings and criminal
trials in the following terms:
“ …the yardstick and standard of proof in a criminal case is
different from the disciplinary proceeding. While the standard of
B proof in a criminal case is a proof beyond all reasonable doubt,
the proof in a departmental proceeding is preponderance of
probabilities.” This standard is reiterated by another two-Judge
Bench of this Court in Samar Bahadur Singh v. State of U.P.5:
“Acquittal in the criminal case shall have no bearing or relevance
C to the facts of the departmental proceedings as the standard of
proof in both the cases are totally different. In a criminal case, the
prosecution has to prove the criminal case beyond all reasonable
doubt whereas in a departmental proceedings, the department has
to prove only preponderance of probabilities.”
D E Findings of the disciplinary enquiry
14. On 13 August 2002, while posted at Police Station Devgarh,
the respondent took a day’s casual leave and one ‘gazetted leave’ and
was to report back on 16 August 2002. It is admitted that he over-stayed
his leave and joined on 19 August 2002. According to the respondent,
E the additional leave was sanctioned after he joined back on duty. The
State as his employer claims that the respondent concealed the intervening
circumstance of his involvement in the murder of Bhanwar Singh on
15 August 2002. Now it is important to note that the respondent was
placed under arrest on 16 September 2002 much after he had rejoined
duty and was released on bail on 30 October 2002. Since the arrest took
F place after he rejoined duties, it cannot be said that there was a suppression
by him of his custodial detention when he joined duties on 19 August
2002. In any case, this part of the charges is subsidiary to the main
charge in the disciplinary proceedings. In the departmental proceedings,
broadly speaking, the charges that were leveled against the respondent
G were:
(i) Over-staying leave by a period of three days beyond the
leave that was sanctioned;
4
(2006) 10 SCC 572
5
(2011) 9 SCC 94
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 967
[DR DHANANJAYA Y CHANDRACHUD, J.]
(ii) Not seeking an extension of leave from the superior officer; A
(iii) Involvement in the murder of Bhanwar Singh (the respondent
is alleged to have run away from the scene of offence and
tried to give it the colour of an accident);
(iv) Getting additional leave sanctioned by suppressing the correct
reason on a misrepresentation to the superior officer; and B
(v) Conduct which has hurt the image of the police department.
15. The respondent was tried for the offence of murder and was
acquitted by the Sessions Court on 8 October 2003. During the course
of the criminal trial a succession of prosecution witnesses were declared C
hostile (PWs 3, 4, 5, 17, 18, 19, 20, 22, 23 34). The Additional Sessions
Judge found it unsafe to rely upon the evidence of the sole eye-witness,
Jodh Singh (PW21 at the Sessions Trial) based on the inconsistencies in
his evidence. In fact, the trial judge even observed that no steps had
been taken by the Public prosecutor to have him declared hostile. The
acquittal of the respondent on the charge of murder was based on the D
now familiar spectacle of prosecution witnesses turning hostile. It is true
that the acquittal brought finality to the question as to whether he had
committed the offence of murder punishable under the Penal Code.
However, the disciplinary enquiry stood on a broader footing. The
disciplinary proceedings related not merely to the involvement of the E
respondent in the murder, but to the violation of service rules and the
impact of his conduct on the image of the police force.
16. On the primary charge of the involvement of the respondent
in the murder of Bhanwar Singh, Jodh Singh (PW1 in the Disciplinary
Enquiry) was the prime witness, as in the criminal trial. Jodh Singh was F
an engine mechanic and stated in the course of his examination on 18
July 2003 that two or three years earlier, the respondent came to him
with an engine crane for repair together with Iqbal Khan (who was also
a co-accused at the Sessions trial). The witness stated that Iqbal Khan
had assaulted Bhanwar Singh with an iron rod when he was proceeding
on a cycle near Bheel Basti Nala. Further, he stated that on the same G
day he had seen the respondent about 300 feet away from the scene of
offence going towards Nathdawara on a cycle. Also, about 300 feet
away from the scene of offence, he found the tractor of the respondent
parked. Jodh Singh claims to be an eye-witness to the murder of Bhanwar
Singh by Iqbal. In quite the same vein as he did during the criminal trial,
H
968 SUPREME COURT REPORTS [2020] 13 S.C.R.
A during the course of his cross examination, Jodh Singh did not support
his statements during the examination in chief. For the completeness of
the record, it is necessary to extract the relevant part of the cross-
examination which has been recorded in question and answer form in
the enquiry proceedings:
B “Cross through Pairokar Heem Singh Const. No.642
1. Question - After 20 days of this incident Sarpanch Shri Pratap
Singh called at his house and told that you shall get written name
of Heem Singh and Lokesh also along with Iqbal, I refused then
Sarpanch Ji told that you have to get name of Heem Singh written
C therefore, I told name of them in the statements given to police.
2. Is it correct that you saw Iqbal while killing Bhanwar Singh but
at that time Heem Singh was not present there at the time of
incident. Yes, It is true.
3. Is it correct that you did not know about giving of threats to kill
D by Heem Singh to Bhanwar Singh. Yes, it is true.
4. Is it correct that on that day you are going to Gudla from
Kunthwa from road going from Nathdwara to Ghata Ghotiya and
Heem Singh met you while going on motorcycle from Kunthwa
to Nathdwara. The place where Heem Singh met, on moving 300
E ft forward from there you saw Iqbal while killing Bhanwar Singh.
Yes, it is true.
5. Is it correct that from whom Heem Singh brought crane and
for whom, you did not know about that. Yes, it is true that I am not
aware about that.
F
6. Is it correct that no person with name Ram Singh lives a Gudli?
Yes, it is true, but in my statements about which Ram Singh I
mentioned, he is resident of Chundavte ka Guda, Kunthwa, whose
well is there where I repaired the crane.
7. Is it correct that after killing of Bhanwar Singh by Iqbal the
G jeep which passed from there, which passed after crushing cycle
and Bhanwar Singh? Yes, it is true but Iqbal went after sitting in
that.
8. Is it correct that you did not recognize the driver of jeep, neither
saw number of jeep nor recognized jeep that it belongs to whom?
H Yes, it is true.”
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 969
[DR DHANANJAYA Y CHANDRACHUD, J.]
The disciplinary authority arrived at its findings on the charge of A
misconduct observing thus:
“In respect of said charge the prosecution has produced statements
of Jodh Singh PW-1, Devi Singh WP-2, Shankar Singh PW-3,
Hamer Singh PW-4, out of which Jodh Singh PW-1 in his statement
at the time of incident has proved presence of himself, charged B
constable and tractor at the place of incident. Similarly, witness
Shankar Singh PW-3 stated that he saw half an hour ago to the
incident, the charged constable roaming near place of incident
and his parked tractor. Similarly, witness Shri Hamer Singh PW-4
stated that there is prior enmity between charged constable and
deceased Bhanwar Singh and prior to the death of father of C
charged constable, stating through witness to Bhanwar Singh that
I will kill him by hitting with jeep or tractor and the incident of
same kind is committed. Similarly, witness Shri Nanalal SHO
Khamnaur PW-9 also in his statement against the charged constable
on finding offence verified arresting him and seizure of iron rod, D
jeep & tractor used in the incident. Thus, from the aforesaid
analysis the said charge is found as completely proved.
The charged constable in defense of said charge has produced a
copy of order passed by the Hon’ble Additional Sessions Judge
Nathdwara in case related to said incident, after perusal of which E
it is found that the Hon’ble Court has not completely acquitted the
said constable rather acquitted by giving him the benefit of doubt.
From this it is clear that the Hon’ble Court has not acquitted
charged constable in free form. Thus, I found said charge as
completely proved due to which the image of police has blurred.”
F
F The judgment of the Division Bench
17. The Division Bench of the High Court observed that quite
apart from the cross-examination, the examination-in-chief of Jodh Singh
was not susceptible to the inference that the respondent was even
remotely connected with the murder. The imputation against the G
respondent was that he had collaborated with Iqbal and Lokesh, and
murdered Bhanwar Singh by running him over with a jeep. On this
imputation, the High Court held that there is no evidence to establish that
the respondent had conspired or collaborated with the said two persons
to murder Bhanwar Singh. On the contrary, High Court noted, the cross-
examination of PW1 Jodh Singh indicated that he was instigated by the H
970 SUPREME COURT REPORTS [2020] 13 S.C.R.
A Sarpanch to falsely implicate the respondent and that while he had seen
the assault by Iqbal, the respondent was not present at the scene of
offence. Further, the evidence of PW2 Devi Singh and PW3 Shankar
Singh did not, according to the High Court, implicate the respondent, and
PW4 Hamer Singh only spoke about the previous dispute arising from
the death of the father of the respondent from a snake bite for which
B
Bhanwar Singh had attempted a cure. The High Court also noted that
the evidence of PWs 5, 6, 7, 8, 9 and 10 in the disciplinary enquiry was
of only a formal nature.
18. The High Court held that the cross-examination of Jodh Singh
was ignored in the course of the disciplinary enquiry and was not referred
C to by the disciplinary authority while arriving at its findings. On the
recovery of the jeep and tractor with a trolley and iron rod, the High
Court observed that the evidence of the Investigating Officer contains a
“vague statement” that the recoveries of the offending articles/vehicle
was made at the instance of the accused. There were three accused in
D the trial, and hence according to the High Court, it was not possible to
link the recoveries to the respondent.
19. The disciplinary enquiry was governed by Rule 16 of the Rules.
The relevant parts of Rule 16 are extracted below:
“16. Procedure for imposing major penal 16. Procedure for
E imposing major penalties.–
…
(6)(a). Where the Government Servant has pleaded not guilty to
the charges, at the commencement of the enquiry, the Inquiring
F Authority shall ask the Presenting Officer appearing on behalf of
the Disciplinary Authority to submit the list of witnesses and
documents within 10 days, who shall also simultaneously send a
copy to the Government Servant. Delinquent Officer, within ten
days of the receipt of the list of prosecution witness and documents,
shall submit the list of documents required by him for his defence.
G The Inquiring Authority shall then summon the documents of both
sides and ask the parties to admit or deny them. It shall then
summon such evidence as is necessary, giving opportunity to the
presenting officer for examination-in-chief and also to the
Government Servant or his assisting officer, whosever may be
present, for cross-examination. The Presenting Officer shall be
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 971
[DR DHANANJAYA Y CHANDRACHUD, J.]
entitled to re-examine the witness on any point on which they A
have been cross examined but not on any new matter, without the
leave of the Inquiring Authority, after the close of the prosecution
evidence the Government Servant shall be called upon to submit
the list of the witnesses within 10 days which he would like to
produce in his defence. The Inquiring Authority after considering
B
the relevancy of the witnesses and the documents shall summon
only the relevant witnesses and the documents and record the
evidence thereof, while giving opportunity of Examination-in-Chief
and cross-examination/re-examination to the parties and then close
the evidence. The Inquiring Authority shall consider the relevancy
of the witnesses and the documents called for by both the parties C
and in case of his refusal to summon any witnesses or documents,
he shall record the reason in writing. The Inquiring Authority may
also put such questions to the witnesses of the parties, as it thinks
fit, in the interest of justice. An opportunity for hearing the
arguments shall be given to the parties.
D
Note:- If the Government Servant applied orally or in writing for
the supply of copies of the statement of witnesses mentioned in
the list referred to in sub-rule (6)(a), the Inquiring Authority shall
furnish him with such copies as early as possible and in any case
not later than three days before the commencement of the
examination of the witnesses on behalf of the Disciplinary Authority. E
(6)(a)(1). The evidence of any person which is of a formal
character may be given by affidavit and may, subject to all just
exception, be accepted in evidence in departmental proceedings.
Where the enquiry officer thinks fir that the person should be
summoned and examined personally, or if either party, namely the F
presenting officer or the delinquent officer insists on the personal
attendance of the witness, arrangements should be made for the
personal attendance of such witness.
(6)(b). The enquiring Authority may, for good and sufficient reasons
to be recorded in writing, recall witnesses for examination in part- G
heard cases being conducted by him.
(6)(c). The Inquiring Authority shall give a notice within 10 days
of the order or within such further time not exceeding 10 days as
the Enquiring Authority may allow, for the discovery or production
H
972 SUPREME COURT REPORTS [2020] 13 S.C.R.
A of any documents which are in the possession of Government but
not mentioned in the list referred to in sub-rule (6)(a).
Note:- The Government Servant shall indicate the relevance of
the documents required by him to be discovered or produced by
the Government.
B The Inquiring Authority shall, on receipt of the notice for the
discovery or production of documents, forward the same or copies
thereof to the authority in whose custody or possession the
documents are kept, with as requisition for the production of the
document by such date as may be specified in such requisition:
C Provided that the Enquiring Authority may, for reasons to be
recorded by it in writing, refuse to requisite such of the documents
as are in its opinion, not relevant to the case.
On receipt of the requisition, every authority having the custody
or possession of the requisitioned documents shall produce the
D same before the Inquiry Authority:
Provided that if the authority having the custody or possession of
the requisitioned documents is satisfied for reasons to be recorded
by it in writing that the production of all or, any of such documents
would be against the public interest or security of the State, it
E shall inform the Inquiring Authority accordingly and the Inquiring
Authority shall, on being so informed, communicate the information
to the Government Servant and withdraw the requisition made by
it for the production or discovery of such documents.
(6)(d). In case of joint departmental enquiry under rule 18 or in
F the case of enquiry under rule 16 of these rules, the Government
Servant/s/fail/fails to appear without sufficient cause on the date
fixed for the hearing of which he had the notice, the Inquiry
Authority, may proceed with the enquiry in the absence of such
Government Servant(s).
G (6)(A). If it shall appear necessary before the close of the case
on behalf of the Disciplinary Authority, the Inquiring Authority
may, in its discretion, allow the Presenting Officer to produce
evidence not including in the list given to the Government Servant
or may itself call for new evidence or re-call re-examine any
witness and such case the Government Servant shall be entitled
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 973
[DR DHANANJAYA Y CHANDRACHUD, J.]
to have, if he demands it, a copy of the list of further evidence A
proposed to be produced and an adjournment of the Inquiry for
three clear days before the production of such new evidence,
exclusive of the days of adjournment and the day to which the
inquiry is adjourned. The Inquiring Authority shall give the
Government Servant an opportunity of inspecting such documents
B
before they are taken on the record. The Inquiring Authority may
also allow the Government Servant to produce new evidence, if it
is of the opinion that production of such evidence is necessary in
the interest of justice.
Note:- New evidence shall not be permitted or called for or, any
witness shall not be recalled to fill up any gap in the evidence. C
Such evidence may be called for only when there is an inherent
lacuna or defect in the evidence which has been produces
originally.
(6)(B)(a). Where a Disciplinary Authority competent to impose
any of the penalties specified in clauses (i) to (iii) of Rule 14, but D
not competent to impose any of the penalties specified in clauses
(iv) to (vii) of Rule 14, has itself inquired into or caused to be
inquired into the articles of any charge and that authority, having
regarding to its own findings or having regard to its decision on
any of the findings of any Inquiring Authority appointed by it, is of E
the opinion that the penalties specified in clauses (iv) to (vii) of
Rule 14 should be imposed on the Government Servant, that
authority shall forward the records of the inquiry to such disciplinary
authority as is competent to impose the last mentioned penalties.
(6)(B)(b). The Disciplinary Authority to which the records are so F
forwarded may act on the evidence on the record or may, if it is
of the opinion that further examination of any witnesses is
necessary in the interest of justice, recall the witnesses and
examine, cross-examine and re-examine the witness and may
impose on the Government Servant such penalty as it may deem
fit in accordance with rules. G
(7). At the conclusion of the inquiry, the Inquiring Authority shall
prepare a report of the inquiry, recording its findings on each of
the charges together with reasons therefore. If in the opinion of
such authority the proceedings of the inquiry establish charges
different from those originally framed it may record findings on H
974 SUPREME COURT REPORTS [2020] 13 S.C.R.
A such charges provided that findings on such charges shall not be
recorded unless the Government Servant has admitted the facts
constituting them or has had an opportunity of defending himself
against them.
(8). The record of the inquiry shall include: -
B (i) the charges framed against the Government Servant and the
statement of allegations furnished to him under sub-rule (2);
(ii) his written statement of defence, if any;
(iii) the oral evidence taken in the course of the enquiry;
C (iv) the documentary evidence considered in the course of the
enquiry;
(v) the orders, if any, made by the Disciplinary Authority and the
Inquiring Authority in regard to inquiry; and
(vi) a report setting out the findings on each charge and the reasons
D
therefore.
(9). The Disciplinary Authority shall, if it is not the Inquiring
Authority, consider the record of the inquiry and record its findings
on each charge.
E The Disciplinary Authority may while considering the report of
the Enquiring Authority for just and sufficient reasons to be
recorded in writing remand the case for further/de-novo enquiry,
in case it has reason to believe that the enquiry already conducted
has been laconic in some respect or the other.”
F G Evidence in the disciplinary enquiry
20. Elaborate as it is, the judgment of the Division Bench of the
High Court ought to have scrutinized other aspects of the evidentiary
record. These facets would have enabled the court to form, to use a
term familiar to the language of judicial discourse, an ‘overall perspective
G of the matter’. As we shall presently indicate, this has a bearing on
whether an order of reinstatement (which the High Court has granted
while setting aside the disciplinary findings) does justice to the evidentiary
record. This court has to undertake the exercise, not in order to re-
appreciate the findings in the enquiry, but because the High Court in an
intra-court appeal conducted the exercise while setting aside the penalty.
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 975
[DR DHANANJAYA Y CHANDRACHUD, J.]
Apart from the somersault by Jodh Singh in his cross examination, which A
has largely weighed with the High Court, there are other crucial aspects
which emerge from the record in the disciplinary enquiry. To them we
now turn. To ensure brevity, we summarize the point before excerpting
from the deposition.
21. Evidence of PW1 Jodh Singh – Quite apart from the excerpts B
from the cross examination of PW1, which have been noticed by the
High Court, his statement before the enquiry officer establishes that: (a)
proximate to the incident, he did meet the respondent (Heem Singh)
along with Iqbal, which indicates a prior familiarity between them; (b)
the respondent’s father died from a snake bite; and (c) Jodh Singh met
the respondent on the date of the incident at a spot which was 300 feet C
away from where he saw Iqbal murdering Bhanwar Singh. This is based
on the following evidence:
“Two-three years ago Heem Singh came with an engine crane
from Sardargarh, which I repaired at Ram Singh’s well after visiting
Ravo Ki Gudli, at that time one … Iqbal Khan stating to be of D
Sardargarh, he was also there. During fitting of crane I talked
with him therefore, I know him.”
“I also know Bhanwar Singh of Ravo ki Gudli, who was uncle of
Heem Singh. On biting by snake he did witch work and doing
service in PWD at Nathdwara. 2 years prior to death of Bhanwar E
Singh; snake bit Nathu Singh the father of Heem Singh. I don’t
know whether Bhanwar Singh done any witch work on Nathu
Singh or not. Nathu Singh was kept admitted in Udaipur for 15-20
days after biting of by snake. On getting discharged from hospital,
after 2-3 days of coming back home Nathu Singh died.” F
“Is it correct that on that day you are going to Gudla from Kunthwa
from road going from Nathdwara to Ghata Ghotiya and Heem
Singh met you while going on motorcycle from Kunthwa to
Nathdwara. The place where Heem Singh met, on moving 300 ft
forward from there you saw Iqbal while killing Bhanwar Singh. G
Yes, it is true.”
22. Evidence of PW2 Devi Singh – PW2 resiled from his
statement in his entirety, and stated that he knows nothing about the
death of Bhanwar Singh and admitted to whatever the police told him.
H
976 SUPREME COURT REPORTS [2020] 13 S.C.R.
A 23. Evidence of PW3 Shankar Singh – PW3’s evidence
establishes that he met the respondent on the date of the incident at the
spot where his tractor was parked, along with another person whom he
has not identified. Moreover, when he was coming back after 30/45
minutes, he saw the dead body of Bhanwar Singh. However, he states
that he is not aware of a prior enmity between the respondent and
B
Bhanwar Singh, and is not sure of Heem Singh’s involvement in the
death of Bhanwar Singh. This is based on the following evidence:
“On 15.08.02 at around 5-6 hours I after shutting down my tea
shop going towards fields from Kunthwa on my cycle. After going
through fields going to Kotela, from behind Heem Singh Singh of
C Ravo ki Gudli who is a constable came on motorcycle and moved
ahead me. I reached at Nala Bheel Basti Valley where near wall
saw parked tractor of Heem Singh. Heem Singh went back from
there to Kunthwa who asked me that where you are going. I said
that I am going to Kotela. One person is sitting at the steering of
D tractor, whom I don’t know, to whom I asked that what happened
to tractor he replied that fuel ran out, owner went to bring fuel. At
that time I did not see any other person. After around half an hour
or 3/4th hour I came back from Kotela at that time on Bheel Basti
Nala Road dead body of Bhanwar Singh who is uncle of Heem
Singh was lying there.”
E
“At that time I did not see tractor of Heem Singh, neither saw
Heem Singh. Whether there is any enmity between Heem Singh
and Bhanwar Singh, I do not know, I reside around 5 km away
from them.”
F “If Heem Singh is involved in the murder of Bhanwar Singh, I am
not aware about that.”
24. Evidence of PW4 Hamer Singh – PW4’s evidence
establishes that: (a) there was a land dispute between the respondent
and Bhanwar Singh, in relation to which Bhanwar Singh had lodged a
G police report; (b) The respondent’s father had been ‘treated’ by Bhanwar
Singh by performing witchcraft on him, but he died of the snake bite; (c)
the respondent personally told him to inform Bhanwar Singh that he
would kill him by for causing the death of his father; (d) Bhanwar Singh
had lodged a complaint with the police in regard to the death threat
issued by the respondent to him; and (e) when he came to know of
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 977
[DR DHANANJAYA Y CHANDRACHUD, J.]
Bhanwar Singh’s death, he immediately suspected the respondent. This A
is based on the following evidence:
“Bhanwar Singh is uncle of Heem Singh. There is land dispute
between them from last 5-7 years. In this respect Bhanwar Singh
also lodged a report at police station Khamnaur. I do not remember
exact time. 2-3 years ago snake also bite Nathu Singh the father B
of Heem Singh. On that Bhanwar Singh also performed witch
work on him. Nathu Singh was also taken to hospital but he could
not survive, died after 15-20 days. Nathu Singh died and next day
I went to meet him, after meeting returning back to my house at
that time outside the house of Nathu Singh, Nathu Singh’s son
Heem Singh was sitting on front tyre of his tractor, who stopped C
me and said that you should say to Bhanwar Singh that I will kill
him by hitting either with tractor or motorcycle. I said Heem Singh
that what he did, why are you asking to kill him. On this Heem
Singh said to me that he is behind my house therefore, ..... illegible...
after death of Nathu Sing on the same day Bhanwar Singh told D
me that Heem Singh has thrown me out of his house that you
must not come in funeral of my father therefore, Bhanwar Singh
did not come in funeral of Nathu Singh. On stating to Bhanwar
Singh what Heem Singh said to me, Bhanwar Singh said that
Heem Singh cannot kill me despite that I have lodged report in
police. On the day when I heard about death of Bhanwar Singh in E
village at around 6-7 hours, at that time I guessed that Bhanwar
Singh was killed by Heem Singh or through him. Today also saying
same thing.”
“2. It is correct that doubt of murder of Bhanwar Singh by Heem
Singh to me was due to land dispute between them and threat to F
kill Bhanwar Singh by Heem Singh through me and still have
doubt.”
25. Evidence of Bhanwar Singh (SHO, Devgarh) – His
evidence shows that the respondent did initially take leave for the death
of his brother in-law. This is based on the following evidence: G
“Shri Heem Singh No. 642 has filed an application requesting for
one casual leave and one G.H. due to death of his brother-in-law
in his family, on which I sanctioned…Thereafter, the said
Constable after being present before me on 19.08.02 filed
H
978 SUPREME COURT REPORTS [2020] 13 S.C.R.
A application requesting for sanction order and for taking decision
on 3 days absence, on which I passed sanction order granted
sanction for 3 days absence as C.L.”
26. Evidence of Nana Lal (SHO, Khamnaur) – His evidence
highlights that the police investigating Bhanwar Singh’s death added the
B offence under Section 302 of the IPC based on the evidence of Jodh
Singh PW1. He also acknowledged that Jodh Singh changed his stance
before the Court, however, did not offer any justification for it. This is
based on the following evidence:
“On the basis of preliminary investigation it was found that there
C was serious previous enmity between Heem Singh and deceased
Bhanwar Singh. Due to this enmity Heem Singh S/o Nathu Singh
Rajput for murder of his uncle Bhanwar Singh conspired in a
well-planned manner with his companions Iqbal Khan and Lokesh
Gaurva and killed him by hitting him with tractor and by causing
injuries on head by hitting with iron rod. Fard information of
D accused persons under Section 27 of Evidence Act and jeep and
tractor with trolley and iron rod are recovered. At the instance of
accused persons place of incident is pointed out.”
“Question - 2. You have done investigation till 2 months under
Sections 304A and 279 IPC, whether during said period nobody
E told you that Bhanwar Singh was murdered?
Answer - During the period of one month witness Babudas on
11.09.02 told about presence of 2-3 persons at the spot of incident.
Question - 3. Whether Babudas is an eye witness of the incident
F or not?
Answer - No.
Question - 4. Whether during this period of one month from 15.08.02
you have recorded statement of any eye witness that Bhanwar
Singh is murdered?
G Answer - No.
Question - 5. Under whose statement you altered the offence
under Section 302 IPC?
Answer - Offence is altered due to the statement of Jodh Singh.
H
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 979
[DR DHANANJAYA Y CHANDRACHUD, J.]
Question - 6. Do you know that Jodh Singh has not stated before A
the Court that I have told police about murder. Rather he said that
they took statement by beating me and the same is also recorded
in the statement of Court?
Answer - It also came in the statement of Jodh Singh that about
murder he told to Pratap Singh and police and in argument witness B
Jodh Singh has stated that police threatened him beat him then
took statement which is wrong.”
27. Evidence of Sudhir Joshi (RPS Deputy Superintendent,
Nathdwara) – He has stated in his evidence that the police’s image has
become tarnished due to the suspicions raised on Heem Singh’s C
involvement in the murder of Bhanwar Singh. This is based on the
following evidence:
“On preliminary investigation conducted by me absence of
constable No. 642 Shri Heern Singh on .. illegible.. and by
conspiring with his companions committing murder of his uncle, D
due to which this act of constable the image of police among
public has been blurred and … by newspapers and belief on police
became suspicious in public.”
28. A complete review of the evidence indicates there was a pre-
existing hostility between the respondent and Bhanwar Singh. This hostility E
initially arose in the context of a land dispute. The hostility between
them escalated exponentially after the death of the respondent’s father
for which he blamed Bhanwar Singh. It evidently rose to an extent where
the respondent openly issued a death threat to Bhanwar Singh, leading
Bhanwar Singh to file a police complaint against the respondent
apprehending a threat from the respondent to his safety. As regards the F
incident leading to the death of Bhanwar Singh, the respondent and his
parked tractor were seen proximate in time and in terms of the location
where Bhanwar Singh’s dead body was found by both PW1 Jodh Singh
and PW3 Shanker Singh. The respondent was found to be together with
one of the co-accused proximate in time. These circumstances are G
coupled with respondent’s movements at and around the time of the
murder, commencing with but not confined to his being at the village on
leave for two days coinciding with the murder. This may not have been
sufficient to sustain a conviction on a charge of murder in the sessions
trial. But the State had sufficient material to conclude that the connection
H
980 SUPREME COURT REPORTS [2020] 13 S.C.R.
A of the respondent to the incident would affect the reputation of its police
force and that the presence of the respondent as a member of the force
was not in the interest of public administration. Whether on the basis of
the evidence, the respondent could have been implicated in the conspiracy
to commit murder of Bhanwar Singh is one aspect of the matter. Evidently
direct evidence to sustain a charge of conspiracy is difficult to come by
B
even in the course of a criminal trial. Quite independent of this is the
issue whether the connection of the respondent with the circumstances
leading to the death of Bhanwar Singh affected his ability to continue in
the State police force without affecting its integrity and reputation. The
latter aspect is the one on which the judgment of the Division Bench is
C found to be deficient in its reasoning.
H On a ‘preponderance of probabilities’
29. In M. Siddiq v. Suresh Das6, a Constitution Bench of this
Court has described the standard of ‘preponderance of probabilities’ in
the following terms:
D
“720. The court in a civil trial applies a standard of proof governed
by a preponderance of probabilities. This standard is also described
sometimes as a balance of probability or the preponderance of
the evidence. Phipson on Evidence formulates the standard
succinctly: If therefore, the evidence is such that the court can
E say “we think it more probable than not”, the burden is discharged,
but if the probabilities are equal, it is not. [Phipson on Evidence.]
In Miller v. Ministerof Pensions [Miller v. Minister of Pensions,
(1947) 2 All ER 372], Lord Denning, J. (as the Master of Rolls
then was) defined the doctrine of the balance or preponderance
F of probabilities in the following terms: (All ER p. 373 H)
“(1) … It need not reach certainty, but it must carry a high
degree of probability. Proof beyond reasonable doubt does
not mean proof beyond the shadow of doubt. The law would
fail to protect the community if it admitted fanciful possibilities
G to deflect the course of justice. If the evidence is so strong
against a man as to leave only a remote possibility in his favour
which can be dismissed with the sentence, “of course it is possible,
but not in the least probable” the case is proved beyond reasonable
doubt, but nothing short of that will suffice.” (emphasis supplied)
6
H (2020) 1 SCC 1
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 981
[DR DHANANJAYA Y CHANDRACHUD, J.]
721. The law recognises that within the standard of preponderance A
of probabilities, there could be different degrees of probability.
This was succinctly summarised by Denning, L.J. in Bater v. Bater
[Bater v. Bater, 1951 P 35 (CA)], where he formulated the principle
thus: (p. 37)
“… So also in civil cases, the case must be proved by a B
preponderance of probability, but there may be degrees of
probability within that standard. The degree depends on the
subject-matter.” (emphasis supplied) The disciplinary enquiry was
convened on a serious charge of misconduct – that the respondent
as a member of the police force had committed an act of murder
while on leave. As the above extract indicates, even within the C
standard of a preponderance of probabilities, the degree depends
on the subject matter.
I Judicial review over disciplinary matters
30. We have to now assess as to whether in arriving at its findings D
the High Court has transgressed the limitations on its power of judicial
review. In Moni Shankar v. Union of India7, a two judge Bench of
this Court had to assess whether the Central Administrative Tribunal
had exceeded its power of judicial review by overturning the findings of
a departmental enquiry by re-appreciating the evidence. In regard to the
scope of judicial review, the Court held thus: E
“17. The departmental proceeding is a quasi-judicial one. Although
the provisions of the Evidence Act are not applicable in the said
proceeding, principles of natural justice are required to be complied
with. The courts exercising power of judicial review are
entitled to consider as to whether while inferring F
commission of misconduct on the part of a delinquent officer
relevant piece of evidence has been taken into
consideration and irrelevant facts have been excluded
therefrom. Inference on facts must be based on evidence
which meet the requirements of legal principles. The Tribunal G
was, thus, entitled to arrive at its own conclusion on the premise
that the evidence adduced by the Department, even if it is taken
on its face value to be correct in its entirety, meet the requirements
of burden of proof, namely, preponderance of probability. If on
7
(2008) 3 SCC 484 H
982 SUPREME COURT REPORTS [2020] 13 S.C.R.
A such evidence, the test of the doctrine of proportionality has not
been satisfied, the Tribunal was within its domain to interfere. We
must place on record that the doctrine of unreasonableness is
giving way to the doctrine of proportionality. (See State of U.P. v.
Sheo Shanker Lal Srivastava [(2006) 3 SCC 276 : 2006 SCC
(L&S) 521] and Coimbatore District Central Coop. Bank v.
B
Employees Assn. [(2007) 4 SCC 669 : (2007) 2 SCC (L&S) 68])”
(emphasis supplied)
31. The learned Single Judge placed reliance on judgments which
enunciate that the mere acquittal in the criminal case did not absolve the
C respondent from the charge of misconduct in departmental proceedings.
The Single Judge held that:
(i) The departmental enquiry was conducted in accordance with
law;
(ii) The statement of Jodh Singh in the course of his examination-
D in-chief as an eye-witness sufficiently proved the allegations;
and
(iii) Since the charge of murder stood proved, all the other charges
stood established.
32. The Division Bench found fault with the Single Judge for not
E
having seen the evidence of Jodh Singh in its entirety. A two-Judge Bench
of this Court in P. John Chandy and Co. (P) Ltd. v. John P. Thomas8,
has held:
“For proper appraisal of evidence, a court must consider the whole
statement. Cross-examination constitutes an important part of the
F
statement of a witness and whatever is stated in the examination-
in-chief, stands tested by the cross-examination.”
While embarking on the exercise the Division Bench re-
appreciated the evidence in the manner of a first appellate court. This
criticism of the decision is not unfounded.
G
33. In exercising judicial review in disciplinary matters, there are
two ends of the spectrum. The first embodies a rule of restraint. The
second defines when interference is permissible. The rule of restraint
constricts the ambit of judicial review. This is for a valid reason. The
8
H (2002) 5 SCC 90
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 983
[DR DHANANJAYA Y CHANDRACHUD, J.]
determination of whether a misconduct has been committed lies primarily A
within the domain of the disciplinary authority. The judge does not assume
the mantle of the disciplinary authority. Nor does the judge wear the hat
of an employer. Deference to a finding of fact by the disciplinary authority
is a recognition of the idea that it is the employer who is responsible for
the efficient conduct of their service. Disciplinary enquiries have to abide
B
by the rules of natural justice. But they are not governed by strict rules
of evidence which apply to judicial proceedings. The standard of proof
is hence not the strict standard which governs a criminal trial, of proof
beyond reasonable doubt, but a civil standard governed by a
preponderance of probabilities. Within the rule of preponderance, there
are varying approaches based on context and subject. The first end of C
the spectrum is founded on deference and autonomy – deference to the
position of the disciplinary authority as a fact finding authority and
autonomy of the employer in maintaining discipline and efficiency of the
service. At the other end of the spectrum is the principle that the court
has the jurisdiction to interfere when the findings in the enquiry are based
D
on no evidence or when they suffer from perversity. A failure to consider
vital evidence is an incident of what the law regards as a
perversedetermination of fact. Proportionality is an entrenched feature
of our jurisprudence. Service jurisprudence has recognized it for long
years in allowing for the authority of the court to interfere when the
finding or the penalty are disproportionate to the weight of the evidence E
or misconduct. Judicial craft lies in maintaining a steady sail between
the banks of these two shores which have been termed as the two ends
of the spectrum. Judges do not rest with a mere recitation of the hands-
off mantra when they exercise judicial review. To determine whether
the finding in a disciplinary enquiry is based on some evidence an initial
F
or threshold level of scrutiny is undertaken. That is to satisfy the
conscience of the court that there is some evidence to support the charge
of misconduct and to guard against perversity. But this does not allow
the court to re-appreciate evidentiary findings in a disciplinary enquiry
or to substitute a view which appears to the judge to be more appropriate.
To do so would offend the first principle which has been outlined above. G
The ultimate guide is the exercise of robust common sense without which
the judges’ craft is in vain.
J The effect of an acquittal
34. In the present case, we have an acquittal in a criminal trial on
a charge of murder. The judgment of the Sessions Court is a reflection H
984 SUPREME COURT REPORTS [2020] 13 S.C.R.
A of the vagaries of the administration of criminal justice. The judgment
contains a litany of hostile witnesses, and of the star witness resiling
from his statements. Our precedents indicate that acquittal in a criminal
trial in such circumstances does not conclude a disciplinary enquiry. In
Southern Railway Officers Association v. Union of India9, this Court
held:
B
“37. Acquittal in a criminal case by itself cannot be a ground for
interfering with an order of punishment imposed by the disciplinary
authority. The High Court did not say that the said fact had not
been taken into consideration. The revisional authority did so. It
is now a well-settled principle of law that the order of
C dismissal can be passed even if the delinquent official had
been acquitted of the criminal charge.”
(emphasis supplied)
In Inspector General of Police v. S. Samuthiram10, a two-
Judge Bench of this Court held that unless the accused has an “honorable
D acquittal” in their criminal trial, as opposed to an acquittal due to witnesses
turning hostile or for technical reasons, the acquittal shall not affect the
decision in the disciplinary proceedings and lead to automatic
reinstatement. But the penal statutes governing substance or procedure
do not allude to an “honourable acquittal”. Noticing this, the Court
E observed:
“Honourable acquittal
24. The meaning of the expression “honourable acquittal” came
up for consideration before this Court in RBI v. Bhopal Singh
Panchal [(1994) 1 SCC 541 : 1994 SCC (L&S) 594 : (1994) 26
F ATC 619] . In that case, this Court has considered the impact of
Regulation 46(4) dealing with honourable acquittal by a criminal
court on the disciplinary proceedings. In that context, this Court
held that the mere acquittal does not entitle an employee
to reinstatement in service, the acquittal, it was held, has
G to be honourable. The expressions “honourable acquittal”,
“acquitted of blame”, “fully exonerated” are unknown to
the Code of Criminal Procedure or the Penal Code, which
are coined by judicial pronouncements. It is difficult to define
9
(2009) 9 SCC 24
10
H (2013) 1 SCC 598
THE STATE OF RAJASTHAN & ORS. v. HEEM SINGH 985
[DR DHANANJAYA Y CHANDRACHUD, J.]
precisely what is meant by the expression “honourably A
acquitted”. When the accused is acquitted after full
consideration of prosecution evidence and that the
prosecution had miserably failed to prove the charges
levelled against the accused, it can possibly be said that
the accused was honourably acquitted.
B
25. In R.P. Kapur v. Union of India [AIR 1964 SC 787] it was
held that even in the case of acquittal, departmental proceedings
may follow where the acquittal is other than honourable. In State
of Assam v. Raghava Rajgopalachari [1972 SLR 44 (SC)] this
Court quoted with approval the views expressed by Lord Williams,
J. in Robert Stuart Wauchope v. Emperor [ILR (1934) 61 Cal C
168] which is as follows: (Raghava case [1972 SLR 44 (SC)] ,
SLR p. 47, para 8)
“8. … ‘The expression “honourably acquitted” is one which is
unknown to courts of justice. Apparently it is a form of order used
in courts martial and other extrajudicial tribunals. We said in our D
judgment that we accepted the explanation given by the appellant,
believed it to be true and considered that it ought to have been
accepted by the government authorities and by the Magistrate.
Further, we decided that the appellant had not misappropriated
the monies referred to in the charge. It is thus clear that the effect E
of our judgment was that the appellant was acquitted as fully and
completely as it was possible for him to be acquitted. Presumably,
this is equivalent to what government authorities term “honourably
acquitted”.’” (Robert Stuart case [ILR (1934) 61 Cal 168] , ILR
pp. 188-89)
F
26. As we have already indicated, in the absence of any provision
in the service rules for reinstatement, if an employee is honourably
acquitted by a criminal court, no right is conferred on the employee
to claim any benefit including reinstatement. Reason is that the
standard of proof required for holding a person guilty by a criminal
court and the enquiry conducted by way of disciplinary proceeding G
is entirely different. In a criminal case, the onus of establishing
the guilt of the accused is on the prosecution and if it fails to
establish the guilt beyond reasonable doubt, the accused is assumed
to be innocent. It is settled law that the strict burden of proof
required to establish guilt in a criminal court is not required H
986 SUPREME COURT REPORTS [2020] 13 S.C.R.
A in a disciplinary proceedings and preponderance of
probabilities is sufficient. There may be cases where a
person is acquitted for technical reasons or the prosecution
giving up other witnesses since few of the other witnesses
turned hostile, etc. In the case on hand the prosecution did not
take steps to examine many of the crucial witnesses on the ground
B
that the complainant and his wife turned hostile. The court,
therefore, acquitted the accused giving the benefit of doubt. We
are not prepared to say that in the instant case, the respondent
was honourably acquitted by the criminal court and even if it is so,
he is not entitled to claim reinstatement since the Tamil Nadu
C Service Rules do not provide so.” (emphasis added)
35. In the present case, the respondent was acquitted of the charge
of murder. The circumstances in which the trial led to an acquittal have
been elucidated in detail above. The verdict of the criminal trial did not
conclude the disciplinary enquiry. The disciplinary enquiry was not
D 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, as we have seen earlier, circumstances
emerging from the record of the disciplinary proceedings which bring
E 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.
K Conclusion
F 36. Therefore, the direction of the Division Bench for reinstatement
is set aside. In exercise of the jurisdiction under Article 142 of the
Constitution, we direct 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
G computed and released on this basis within a period of three months.
37. The appeal is allowed in the above terms. No order as to
costs.
38. Pending application(s), if any, stand disposed of.
H
Ankit Gyan Appeal allowed.
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