BRIJESH CHANDRA DWIVEDI (DEAD) THR. LRS. versus SANYA SAHAYAK AND ORS.

BRIJESH CHANDRA DWIVEDI (DEAD) THR. LRS. versus SANYA SAHAYAK AND ORS.

Although the misconduct of driving a truck carrying P.A.C. personnel under the influence of alcohol was proved and is very serious, having regard to the employee's explanation (that he consumed alcohol after the accident), his 25 years of long service, the accident being minor and the employee's subsequent death during the proceedings, the punishment of dismissal was held to be too harsh and therefore was commuted to compulsory retirement.

Parties
Appellant: Brijesh Chandra Dwivedi (Dead) through LRs.; Respondent: Sanya Sahayak and Ors.
Jurisdiction
India
Judgment Date
25 January 2022
Procedural Posture
Civil Appeal No.7382 of 2021 / Appeal From the Judgment and Order Dated 16.11.2018 of the High Court of Judicature at Allahabad; Heirs Substituted After Death of Appellant During Pendency
Outcome
Appeal partly allowed
Legal Topics
Misconduct, Dismissal From Service, Compulsory Retirement, Disciplinary Enquiry, Driving Under Influence, Family Pension
Service Law Military Discipline Administrative Law Misconduct Dismissal From Service Compulsory Retirement Disciplinary Enquiry Driving Under Influence +1 more

Case Brief

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Parties

Brijesh Chandra Dwivedi (Dead) through LRs.

Appellant

Sanya Sahayak and Ors.

Respondent

Procedural Posture

Civil Appeal No.7382 of 2021 / Appeal From the Judgment and Order Dated 16.11.2018 of the High Court of Judicature at Allahabad; Heirs Substituted After Death of Appellant During Pendency

Legal Issues

  1. 1 Whether the dismissal from service was proved and justified
  2. 2 Whether the punishment of dismissal was disproportionate to the misconduct and entitled to be commuted to compulsory retirement
  3. 3 Whether driving a military vehicle carrying P.A.C. personnel under the influence of alcohol constitutes a grave misconduct/ offence

Ratio Decidendi

Although the misconduct of driving a truck carrying P.A.C. personnel under the influence of alcohol was proved and is very serious, having regard to the employee's explanation (that he consumed alcohol after the accident), his 25 years of long service, the accident being minor and the employee's subsequent death during the proceedings, the punishment of dismissal was held to be too harsh and therefore was commuted to compulsory retirement.

Court Disposition

Appeal partly allowed

Orders

  • Punishment of dismissal converted into compulsory retirement
  • Death-cum-retirement benefits and any family pension payable to be paid to the legal heirs of the deceased employee in accordance with law