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november 1996

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.

DEPOT MANAGER, APSRTC vs MOHD. YOUSUF MIYA · Niyam