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by Admin
05 December 2025 4:19 PM
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.
D.D: - January 03, 2022
Maharashtra State Road Transport Corporation Versus Dilip Uttam Jayabhay
