Supreme Court: Drunken Driving cannot be let off leniently, even if Accident was minor

Drunken driving accident law insider

Ambika bhardwaj

Published On: January 27, 2022 at 15:42 IST

The Supreme Court recently stated that the absence of a massive loss or fatality in an accident caused by Drunken Driving cannot be used to show leniency to the driver.

A Division Bench of Justices MR Shah and BV Nagarathna held that Drunken Driving is not only a wrongdoing but also an Offence.

The Court stated that just because there was no massive loss and it was a minor accident is not a reason to be lenient. It was pure luck that the accident did not result in death but the same could have resulted in a fatal accident.

The Court was hearing an Appeal filed by Brijesh Chandra Dwivedi (through his Legal Representatives) against an Order of the Allahabad High Court which was upholding his removal from service after being found Guilty of driving under the influence of alcohol, which resulted in an accident.

Dwivedi worked as a driver for the 12th Battalion of the Provincial Armed Constabulary (PAC) in Fatehpur.

He was Accused for causing the accident by dashing his truck on the back of the jeep when he was under the influence of alcohol.

At the outset, the Supreme Court noted that driving a truck carrying PAC personnel when one is under the influence of alcohol is a serious misconduct that cannot be accepted, especially in the military.

The employee Appellant contended that because it was a minor accident that caused some vehicle damage, and given his 25-year service, the Dismissal Order was inappropriate to the misconduct proven.

On the other hand, the Respondent contended that the punishment for Dismissal was not inappropriate because the Accused was also a habitual Alcoholic.

The Bench asserted that just because the accident was minor, it cannot be used to show lenient treatment to the employee.

Advocate-on-Record Pallavi Sharma and Manohar Pratap represented the Appellants whereas Advocate-on-Record Sanjay Kumar Tyagi and Rajesh Mani Tripathi represented the Respondents.

Also read: Car Accidents caused by Negligence

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