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Supreme Court of India 2022-01-25 partly_allowed

Brijesh Chandra Dwivedi (Dead) Thr. LRs vs Sanya Sahayak and Ors

Bench: 2 — M.R. Shah

In Brief

A driver employed by the P.A.C. (Paramilitary force) was found guilty of driving a truck carrying military personnel under the influence of alcohol, resulting in a motor accident. He was dismissed from service. The High Court upheld the dismissal, but the Supreme Court partly allowed his appeal. Though the misconduct was serious, considering the employee's 25 years of service, his explanation at enquiry, the minor nature of the accident, and that he had since died, the Court converted the dismissal into compulsory retirement. The legal heirs are now entitled to death-cum-retirement benefits and family pension.

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Service Law Disciplinary Action Proportionality of Punishment Criminal Misconduct Employee Rights

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