# Unarmed Police Unarmed Police Constable vs State of Gujarat & 3

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2010-0031](https://datalibertarian.in/babuwatch/incident/CW-2010-0031)

## Report card

By judgment dated 22 July 2010 in Special Civil Application No. 8325 of 2010, the Gujarat High Court (Coram: A.L. Dave, J.) upheld the disciplinary action taken against the Unarmed Police Constable.

- Register number: GJ 07 CW 0004
- Case reference: Special Civil Application No. 8325 of 2010
- Court and date: Gujarat High Court (Coram: A.L. Dave, J.), 22 July 2010
- Officer(s) at the material time: Unarmed Police Constable
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “It is now a settled proposition of law that acquittal in a criminal proceedings may not have consequential effect on departmental proceedings, since both the proceedings are decided on different principles of proof. In criminal proceedings, strict proof beyond reasonable …” (at para 4)
- 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/676192/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2010-0031)

**Record:** CW-2010-0031 (compiler id CWC-1212); case GAP3-49-002
**Title:** Unarmed Police Unarmed Police Constable vs State of Gujarat & 3
**Court:** Gujarat High Court; judges: A.L. Dave
**Case number / citation:** Special Civil Application No. 8325 of 2010
**Judgment:** 2010-07-22 (2010, day precision)
**Incident date:** 1995-05-26 (1995)
**Place:** Kheda, Gujarat; city town: Nadiad; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Unarmed Police Constable (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

Unarmed Constable was found drunk on a public road near Pathikashram, Nadiad, at about 2:30 am on 26 May 1995 and prosecuted under the Bombay Prohibition Act and Bombay Police Act. The criminal court acquitted him on benefit of doubt, but departmental proceedings held the misconduct proved and he was dismissed, with the appeal and revision both failing in 2006. After his death in 2007, his widow challenged the dismissal. The Gujarat High Court held that a criminal acquittal does not dislodge a departmental finding recorded on preponderance of probability, and dismissed the petition. Matters not addressed in the cited judgment text are not recorded here.

> It is now a settled proposition of law that acquittal in a criminal proceedings may not have consequential effect on departmental proceedings, since both the proceedings are decided on different principles of proof. In criminal proceedings, strict proof beyond reasonable doubt is expected; whereas in the departmental proceedings strict proof is not a parameter and the proceedings are decided on the principles of preponderance of probability and, therefore, acquittal of the deceased employee in criminal trial cannot be a ground to entertain this petition.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/676192/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 4
**display title redacted:** Unarmed Police Unarmed Police Constable vs State of Gujarat & 3
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2010-07-22', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Gujarat High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Gujarat High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Special Civil Application No. 8325 of 2010', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/676192/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Widow's challenge to constable's dismissal for drunken misconduct failed; criminal acquittal held no bar.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2010-0031](https://datalibertarian.in/babuwatch/incident/CW-2010-0031)