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ARTICLE · 07 JULY 2022

Employment Law Alert - January - May 2022

The Supreme Court reiterates that acquittal in a criminal trial has no bearing on disciplinary proceedings.

IndiaEmployment and HR

The Supreme Court reiterates that acquittal in a criminal trial has no bearing on disciplinary proceedings.1

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.

Observation and decision:

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.

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