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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, B.V. Nagarathna

In Brief

A government driver employed in the P.A.C. was dismissed for driving a vehicle under the influence of alcohol while transporting military personnel, resulting in a minor accident. His heirs challenged the dismissal as disproportionate. The Supreme Court upheld that driving under the influence is serious misconduct endangering lives, but found the punishment of dismissal to be too harsh given the employee's 25 years of service, the minor nature of the accident, and his death during the proceedings. The Court converted the dismissal to compulsory retirement, entitling the legal heirs to death-cum-retirement benefits and family pension in accordance with law.

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Employment Law Disciplinary Proceedings Motor Vehicle Law Administrative Law Proportionality of Punishment

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