Driving military truck after drinking very serious misconduct: SC
New Delhi, Jan 25: The Supreme Court said on Tuesday that driving under the influence of alcohol a truck carrying the Provincial Armed Constabulary (PAC) personnel is a very serious misconduct and such indiscipline cannot be tolerated and that too in the disciplined Military.
A bench comprising Justices M R Shah and B V Nagarathna said merely because there was no major loss and it was a minor accident cannot be a ground to show leniency. "It was sheer good luck that the accident was not a fatal accident. It could have been a fatal accident. When the employee was driving a truck carrying the PAC personnel, the lives of those PAC personnel who were travelling in the truck were in the hands of the driver. Therefore, it can be said that he played with the lives of those PAC personnel, who were on duty and travelling from Fatehpur to Allahabad on Kumbh Mela duty," the bench said.
The
apex
court
was
hearing
an
appeal
filed
by
a
PAC
driver
(since
deceased)
challenging
the
order
of
dismissal
passed
by
the
Disciplinary
Authority
which
had
held
him
guilty
for
causing
an
accident
under
the
influence
of
alcohol.
The
top
court
further
said
that
even
otherwise,
driving
a
vehicle
under
the
influence
of
alcohol
is
not
only
a
misconduct
but
also
an
offence.
"Nobody
can
be
permitted
to
drive
the
vehicle
under
the
influence
of
alcohol.
Such
a
misconduct
of
driving
a
vehicle
under
the
influence
of
alcohol
and
playing
with
the
life
of
others
is
a
very
serious
misconduct.
There
are
also
other
misconducts
earlier
committed
by
the
employee,"
the
bench
said.
It
said
considering
the
statement
of
the
employee
that
he
had
consumed
the
liquor
after
the
accident
with
the
objective
to
suppress
the
fear,
the
punishment
of
dismissal
can
be
said
to
be
too
harsh
and
may
be
treated
one
for
compulsory
retirement.
"In view of the above and for the reasons stated hereinabove and in the peculiar facts and circumstances of the case, the award of punishment of dismissal can be said to be too harsh, the punishment of dismissal is directed to be converted into compulsory retirement of the employee. "As the employee has since died, and on converting the punishment of dismissal to that of compulsory retirement, death-cum-retirement benefits as also the benefit of family pension, if any, shall be paid to the legal heirs of the deceased employee in accordance with law and bearing in mind that punishment of dismissal has now been converted into one of compulsory retirement. The present appeal is partly allowed to the aforesaid extent," the bench said. PTI