DAHYABHAI K PATEL Vs. GSRTC

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the action of the respondent, Gujarat State Road Transport Corporation ("the Corporation" for brevity) for initiating and holding departmental inquiry against the petitioner and continuing the same even after the honourable acquittal of the petitioner on merits in Criminal Case No.254 of 1987. The challenge is mainly based on the action being arbitrary, capricious, discriminatory and in violation of the petitioner's fundamental rights.

(2.) When the matter is taken up for hearing, Shri Hardik Raval appearing for the Corporation pointed out that it is true that the petitioner was acquitted in Criminal Case No.254 of 1987, but at the same time, the Corporation is held liable to pay an amount of compensation of Rs.3,07,000.00 with cost and interest at the rate of 12 % per annum from 24.4.1987 till the amount is deposited in the Court in Claim Case No.400 of 1987 and also in Claim Case No.559 of 1987. The Corporation is ordered to pay an amount of compensation of Rs.32,500.00 with cost and interest thereon at the rate of 12% per annum from 19.6.1987 till the amount is deposited in the Court or recovered. It is the case of the Corporation that since the Corporation is held liable to pay the aforesaid compensation on the ground that the petitioner being held rash and negligent in driving the bus, the Corporation should be allowed to proceed further with the final show cause notice which has already been issued by the Corporation and to pass appropriate orders of penalty.

(3.) When the petitioner had filed the present Special Civil Application, this Court while issuing notice on 16.7.1988, had passed the following order.