K JANARDHANA Vs. K S R T C

JUDGEMENT

(1.) Petitioner who is a Driver of the respondent Karnataka State Road Transport Corporation is aggrieved by the order of the Disciplinary Authority dated 11-11-1986 made in exercise of his power under Regulation 19(2) of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations read with Schedule appended thereto. He has accepted the enquiry authority's findings that the petitioner who was driving the vehicle bearing registration mark MYF-6656 on National Highway between Hassan and Mangalore drove the said vehicle negligently and collided with taxi bearing registration mark MYG-4532 resulting in damages to both vehicles and causing death to four of the passengers at the spot of the accident.

(2.) The Enquiry Officer has discussed the material on which he came to the conclusion that the accident would have been avoided if the driver of the vehicle belonging to the Corporation was conscious of the on-coming vehicles.

(3.) The main contention is that the criminal case lodged against the petitioner-driver having resulted in acquittal, on the same charge he could not have been subjected to a domestic enquiry and punished. It is also contended that the domestic enquiry was commenced nearly four years after the accident and one year after the acquittal and therefore the disciplinary authority was in error in imposing the punishment - punishment being reduction of two stages in his pay permanently.