Supreme Court of India · 1996-11-20
DEPOT MANAGER, APSRTC vs MOHD. YOUSUF MIYA
- Citation / case number
- SC 1996/78609
- Court
- Supreme Court of India
- Petitioner
- DEPOT MANAGER, APSRTC
- Respondent
- MOHD. YOUSUF MIYA
- Author
- K. RAMASWAMY,G.T. NANAVATI,K. VENKATASWAMI.
- Bench
- K. RAMASWAMY,G.T. NANAVATI,K. VENKATASWAMI.
Judgment text excerpt
The Supreme Court held that the High Court erred in staying departmental proceedings against the respondent, who was involved in a fatal accident while driving a Corporation vehicle, on the grounds of potential prejudice in the concurrent criminal trial under Section 304 Part II IPC. The Court established that the misconduct in the departmental enquiry, related to failure to prevent the accident, is distinct from the criminal culpability of rash driving. Consequently, the Court allowed the appeals and directed the continuation of the departmental proceedings.