TARAK NATH SARKAR BABHRU BAHAN BERA vs UNION OF INDIA AND ORS. — FMA/1361/2025

The High Court dismissed the appeal of former CISF constable Tarak Nath Sarkar, upholding his removal from service. The court rejected his argument that the departmental inquiry should have been conducted in his mother tongue, finding the request was made belatedly (seven months later, near proceedings' end) after he had already participated fully in English. The court also rejected his claim that criminal acquittal (on "benefit of doubt") required exoneration in the departmental proceeding, holding that criminal and departmental proceedings operate under different evidentiary standards and that benefit of acquittal applies only when identical charges, witnesses, and evidence are used in both proceedings—which was absent here (7 witnesses in departmental inquiry vs. 2 in criminal trial). This case analysis is maintained by casestatus.in based on publicly available court records.