New Delhi: In an important decision, the Supreme Court on Monday said an employee could be dismissed from the service based on the findings of the disciplined trial for violations even though he had been released by the charges due to the lack of evidence of clenching.
The fate of the employee, a driver with Maharashtra State Road Transport Transport Corporation, passed the roller coaster after the bus he drove met with an accident in October 1992 where four people died.
In the disciplinary process, he was declared guilty of driving negligent.
MSRTC takes into account the service record and rejects it.
The Labor Court upholds the dismissal even though it will be disposed of in a criminal case by court courts.
The industry court turned it and ordered recovery.
Bombay HC steps one step ahead and directed towards payment back.
MSRTC appealed on SC.
Upholding the dismissal, Judge Mr.
Shah and BV Nagaratha said, “In accordance with the main principles of the law, the release in criminal trials has no relationship or relevance of the disciplinary process as a standard evidence in both different cases and the process operates in various fields and with different purposes .
“Writing the judgment, Justice Shah said,” the employee has been deemed guilty of definite content and errors in particular.
According to MSRTC, workers were in operation for three years and during the period of three years, he was sentenced to four times.
Therefore, it can not be said that the sequence of dismissal regardless of past records of worker service.
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Liberation does not mean someone cannot be fired: SC
