EMPLOYMENT LAW UPDATE
4th JANUARY 2022
Issue No. 21/21-22
ACQUITTAL IN CRIMINAL PROCEEDINGS DO NOT ABATE FINDINGS IN DISCIPLINARY PROCEEDINGS
In a recent judgment, a Division Bench of the Hon’ble Supreme Court of India (“SC”) in Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay[1] has held that an acquittal in a criminal trial shall have no bearing or relevance on the disciplinary proceedings that have been initiated by an employer against a workman.
Brief Facts
In this matter, the respondent was employed by the petitioner as a driver, plying passenger buses belonging to the petitioner. The respondent, whilst driving one of the buses of the petitioner was involved in an accident with a jeep that had resulted in the death of four people and serious injuries to six people.
Procedural History
Criminal proceedings and disciplinary proceedings for misconduct were initiated against the respondent. Whilst the respondent was acquitted in the criminal proceedings, the disciplinary proceedings found the respondent liable for rash and negligent driving and an order of dismissal from service was passed against the respondent.
On appeal, the Labour Court did not interfere with the findings in the disciplinary proceedings and took the view that an acquittal in the criminal proceedings cannot interfere in the findings of the disciplinary proceedings. However, the Industrial Tribunal considered the order of acquittal in the criminal proceedings and held that the order of dismissal was disproportionate to the misconduct proved. The Industrial Tribunal proceeded to pass an order directing reinstatement of the respondent without back wages but with continuity of service.
Subsequently, the Hon’ble Bombay High Court (“Bombay HC”) confirmed the order passed by the Industrial Tribunal and even ordered the petitioner to pay back wages to the respondent.
Findings of the SC
The SC observed that the criminal court had acquitted the respondent in the criminal proceedings as the prosecution had failed to prove its case beyond reasonable doubt. The SC further held that the departmental proceedings for misconduct had established and proved that the respondent was guilty of rash and negligent driving. The SC reiterated that an acquittal in a criminal trial would have no bearing or relevance on the disciplinary proceedings as the standard of proof in both scenarios are different and that the proceedings operate in different fields and with different objectives.
The SC overruled the decision of the Bombay HC as well as the Industrial Tribunal and ordered that the judgment passed by the Labour Court be restored, thereby upholding the order of dismissal against the respondent.
A copy of the judgment may be accessed here.
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[1] Civil Appeal No. 7403 of 2021