CW-2013-0017North 24 Parganas, West BengalJudgment 28 November 2013

State of West Bengal & Ors. v. Kolkata Armed Police Sepoy

Sepoy (2nd Battalion KAP, on deputation to Kolkata Traffic Police) was arrested on 26 November 2003 for complicity in a dacoity (Khardah PS Case 383, Sections 392/395/412 IPC and Arms Act), suspended and dismissed after a departmental enquiry found gross misconduct. Though acquitted by the Sessions Court, Barrackpore, he won reinstatement from the WB Administrative Tribunal, affirmed by the Calcutta High Court. The Supreme Court held under the Police Regulations of Calcutta 1968 that criminal acquittal is no bar to departmental punishment, allowed the State's appeal and set aside the reinstatement.

Externally reportedV2
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This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 28 November 2013 in Civil Appeal No. 10729 of 2013, the Supreme Court of India (Coram: K.S. Radhakrishnan, A.K. Sikri, JJ.) upheld the disciplinary action taken against the Sepoy, 2nd Battalion, Kolkata Armed Police.

Register number
WB 21 CW 0003
Case reference
Civil Appeal No. 10729 of 2013 / (2014) 3 SCC 610; AIR 2014 SC 405
Court and date
Supreme Court of India (Coram: K.S. Radhakrishnan, A.K. Sikri, JJ.), 28 November 2013
Officer(s) at the material time
Sepoy, 2nd Battalion, Kolkata Armed Police
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 392 of the Indian Penal Code, 1860; Section 395 of the Indian Penal Code, 1860; Section 412 of the Indian Penal Code, 1860; Section 25 of the Arms Act, 1959; Section 27 of the Arms Act, 1959
Finding of the Court (extract)
“The Tribunal as well as the High Court have not considered the above-mentioned provision and have committed a mistake in holding that since the respondent was acquitted by a Criminal Court of the same charges, reinstatement was automatic. We find …” (at para 18)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Supreme Court of India judgment dated 28 November 2013 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“The Tribunal as well as the High Court have not considered the above-mentioned provision and have committed a mistake in holding that since the respondent was acquitted by a Criminal Court of the same charges, reinstatement was automatic. We find …” (para 18)

Institutional response

1
28 Nov 2013

Order issued

Concluded
Supreme Court of India External · Binding

The Supreme Court of India upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: (2014) 3 SCC 610; AIR 2014 SC 405
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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