An acquittal in a criminal trial has no relevance on disciplinary proceedings – SC
D.D: – January 03, 2022
Schedule IV of the MRTU & PULP Act, 1971 – Dismissal from service – Respondent was driving the bus – met with an accident with a jeep coming from the opposite direction – resulted in death of four passengers on the spot and six passengers were seriously injured – prosecuted – acquitted – Disciplinary action – dismissed from service – challenged the order of dismissal before the Labour Court – upheld the order of dismissal – revision to the Industrial Tribunal – considering the acquittal of the respondent in criminal proceedings – held -order of dismissal is disproportionate to the misconduct proved – directed his reinstatement without back wages but with continuity of service – appellant feeling aggrieved preferred writ petition – High Court dismissed the writ petition – directed appellant to pay to the respondent back wages – Appellant feeling dissatisfied preferred appeal – Apex Court held – the standards of proof are so different, an acquittal in a criminal trial has no bearing or relevance on disciplinary proceedings – without regard to the specific nature of the misconduct, it cannot be said that the dismissal of the respondent was based solely on minor or technical misconduct – the order of dismissal passed by the disciplinary authority upheld – Appeal Allowed.
Maharashtra State Road Transport Corporation
Versus
Dilip Uttam Jayabhay
