Setting aside the orders passed by the Industrial Court and the Bombay High Court, the Supreme Court on 3rd January 2022 in the matter of Maharashtra State Road Transport Corporation Vs. Dilip Uttam Jayabhay2, through a two-judge Bench comprising Justice M.R. Shah and Justice B.V. Nagarthna refused to allow reinstatement with back wages of a driver engaged by the MSRTC, after he was dismissed from service following a departmental enquiry for rash and negligent driving.
Ruling in favour of the Appellant, the Apex Court held that the order of the Industrial Court is bad in law as the dismissal in the present case cannot be said to be disproportionate to the misconduct proved.
The driver was acquitted of charges U/s 279 and 304(a) IPC because the prosecution failed to prove that the incident occurred due to rash and negligent driving of the accused. Hence, he is not absolved from the misconduct allegation.
The Court noted- "As per the cardinal principle of law an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives."
A Division Bench of Madhya Pradesh High Court in...
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