SECRETARY, GENERAL MANAGER, MANAGING DIRECTOR AND GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION; MUTHUKRISHNAN Vs. MUTHUKRISHNAN, SECRETARY, TRANSPORT DEPARTMENT AND LABOUR COURT; SECRETARY, GENERAL MANAGER, MANAGING DIRECTOR AND GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION

JUDGEMENT

(1.) The Petitioner is the same in both the writ petitions in W.P.(MD) Nos. 5598 of 2008 and 6048 of 2008 and he was appointed as a Driver in Pudukkottai Depot of Pandiyan Roadways Corporation on 12.02.1980.

(2.) While he was driving a bus from Pudukkottai to Thanjavur on 24.01.1981, the bus involved in an accident at Thethuvasalpettai at 08.20 a.m. and one pedestrian died due to the accident, when he got down from another bus, which was stationed on the road and the Petitioner over took the stationed bus. At that time, the person, who got down from the bus crossed the road, without noticing the bus driven by the Petitioner came behind the bus and thus the accident had occurred. The said pedestrian crossed the road from the side of the driver of the bus from which he got down and since the Petitioner was not able to see the pedestrian and the pedestrian suddenly emerged in front of his bus, the accident had taken place. This is the version of the Petitioner.

(3.) While so, the Pandiyan Roadways Corporation issued charge memo dated 01.04.1981, alleging that the Petitioner drove the bus rashly and negligently on 24.01.1981 and caused the accident resulting in the death of a person. The Petitioner submitted his explanation, explaining the facts as stated above. After conducting an enquiry, the Petitioner was dismissed by the then Pandian Roadways Corporation by an order dated 01.07.1982.