Supreme Court of India
Brijesh Chandra Dwivedi (dead) Thr. Lrs. v. Sanya Sahayak and Ors.
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What the Court ordered
In view of the above and for the reasons stated hereinab ove and in the peculiar facts and circumstances of the case, narrated hereinabove, the award of punishment of dismissal can be said to be too harsh, the punishment of dismissal is directed to be co nverted into compulsory retirement of the employee.
Judgment, page 5
From the headnote
Service law: Armed service – Misconduct – Dismissal from service – Appellant- employee was driver in the Mil itary and was posted at the 12 th Battalion, P. . . at Fatehpur – Allegation against him was that on the fateful day, he was driving the vehicle under the influence of liquor when the truck/vehicle was c arrying P. . . personnel and the said vehicle/truck met with an acci dent with a jeep – His defence that due to the brake failure, the accident took place and the truck dashed to the backside of the j eep was disbelieved and disciplinary authority awarded puni shment of dismissal from
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