Labour Law

Domestic/Departmental enquiry

— Acquittal in criminal trial — Effect of, on departmental proceedings — Law as laid down in Bihari Lal Sidhana case, (1997) 4 SCC 385, reiterated — In the present case, RTC bus meeting with an accident — RTC, after finding the driver guilty in domestic enquiry, terminating his services — Placing reliance on Capt. M. Paul Anthony, (1999) 3 SCC 679 but without discussing as to how that case had any application to the facts of the present case, High Court setting aside termination order and directing reinstatement on the ground that in the criminal trial the delinquent driver was acquitted — Since a decision is precedent on its own facts and High Court had not discussed as to how Capt. M. Paul Anthony case, (1999) 3 SCC 679 was applicable to the facts of the present case, matter remitted to High Court for fresh consideration, (2006) 6 SCC 366