Driving a vehicle while impaired by alcohol not only misconduct, but also an offence- SC
D.D- JANUARY 25, 2022.
Supreme court observed in the recent judgement (Brijesh Chandra Dwivedi (Dead) Thr. LRs. Vs Sanya Sahayak and Ors.25th Jan.2022) that the employee was the driver posted in the Military and 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. Merely because there was no major loss and it was a minor accident cannot be a ground to show leniency.
Facts – Employee Brijesh Chandra Dwivedi (since deceased) was a driver posted at the 12th Battalion, P.A.C. at Fatehpur and he caused the accident by dashing his truck on the back side of the jeep. A Medical examination was conducted on the same date and found under the influence of alcohol. A Departmental enquiry initiated against him and awarded dismissal, same was confirmed by the Appellate Authority. Dissatisfied with order appeal to High Court but upheld dismissal after that employee preferred appeal to Supreme court but during pendency employee died his LRs brought on record.
Appellant contended that it was a minor accident, which resulted into some loss to the vehicle and considering his 25 years long service, the order of dismissal is disproportionate to the misconduct proved.
State opposed the appeal on the ground that the aspect of disproportionate punishment imposed has been considered by the High Court in detail and having considered the past record and the misconduct committed by the deceased employee in the past and having found that he was a habitual consumer of liquor and he was remaining absent and even in the year 1987, when he was appointed in the 33rd Battalion in P.A.C. Jhansi, he misbehaved with the senior officers and was punished.
Supreme Court observed that driving a vehicle under the influence of alcohol is not only a misconduct, but it is an offence also. Nobody can be permitted to drive the vehicle under the influence of alcohol. There are also other misconducts earlier committed by the employee.
Supreme Court held that considering the statement of the employee at the time of the enquiry and the explanation given by him that he had not consumed the liquor and after the accident with the objective of suppress the fear on coming to battalion he consumed country made wine, though has not been accepted but that might be plausible and considering his 25 years of long service and fortunately it was a minor accident which resulted into some loss to the vehicle and considering the fact that the employee has since died, we find that the punishment of dismissal can be said to be too harsh and may be treated one for compulsory retirement.
Brijesh Chandra Dwivedi (Dead) Thr. LRs.
Versus
Sanya Sahayak and Ors.
