Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Armed service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Armed service – Misconduct – Dismissal from service – Appellant- employee was driver in the Military and was posted at the 12th Battalion, P.A.C. at Fatehpur – Allegation against him was that on the fateful day, he was driving the vehicle under the influence of liquor when the truck/vehicle was carrying P.A.C. personnel and the said vehicle/truck met with an accident with a jeep – His defence that due to the brake failure, the accident took place and the truck dashed to the backside of the jeep was disbelieved and disciplinary authority awarded punishment of dismissal from service – Held: The fact that he was driving the truck under the influence of alcohol was established and proved, even on the medical examination conducted on the same date – Driving a truck carrying the P.A.C. personnel under the influence of alcohol is a very serious misconduct and such an indiscipline cannot be tolerated and that too in the disciplined Military – However, at the same time, in view of statement of appellant at the time of the enquiry and the explanation given by him that on going to duty on taking the vehicle from battalion, he had not consumed the liquor and after the accident with the objective to suppress the fear on coming to battalion and on parking the vehicle, he went directly to bus terminal, Ghazipur and consumed 100 ml of country made wine, though not accepted but may be plausible and in view of his 25 years of long service and it being a minor accident which resulted into some loss to the vehicle and the fact that the employee has since died, the punishment of dismissal would be too harsh and is converted into compulsory retirement. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 93 |
Petitioner | Brijesh Chandra Dwivedi (dead) Thr. Lrs. |
Respondent | Sanya Sahayak And Ors. |
SCR | [2022] 1 S.C.R. 240 |
Judgement Date | 2022-05-26 |
Case Number | 7382 |
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