VidhiSangh

Supreme Court of India · 25/01/2022

BRIJESH CHANDRA DWIVEDI (DEAD) THR. LRS. versus SANYA SAHAYAK AND ORS.

[2022] 1 S.C.R. 240 · 2022 INSC 93

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Summary

A PAC driver dismissed after an alcohol-related driving accident sought substitution of compulsory retirement. The Court emphasised the seriousness of endangering personnel and held that absence of a fatal outcome alone warranted no leniency. On the particular combination of his long service, the possible explanation considered, the minor accident and his subsequent death, it nevertheless converted dismissal to compulsory retirement and directed lawful consequential benefits to his heirs.

Issues

  1. Whether the dismissal should be converted to compulsory retirement in the deceased employee’s particular circumstances.

Held

Result

Appeal partly allowed; dismissal converted to compulsory retirement, with lawful death-cum-retirement benefits and family pension, if any, payable to the heirs. No costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 240.