N P GANESAN Vs. STATE

JUDGEMENT

(1.) ACCUSED-petitioner herein was a bus driver in Cheran transport Corporation. While driving his vehicle on 22-2-1984, in coimbatore-Pollachi road, he reached at about 9 a. m. the junction between Arasampalayam Road and there the bus hit a pedestrian, who crossed the road, and dragged him for about 76 ft. and came to a halt. The pedestrian, a women, aged 50 years, died on the spot and she was accompanied by P. W. 2. There are also two other eye witnesses in this case.

(2.) BOTH the courts below have found the accused guilty of offences under S. 304-A and also under S. 279, I. P. C. and sentenced him to rigorous imprisonment for 15 months for the first offence and 2 months for the second offence; both the sentences have been ordered to run concurrently.

(3.) LEARNED counsel for the revision petitioner has also stated that the petitioner has been in service for 28 years without any mistake on his part, that he is now aged 55 years, that he has got only one daughter who is afflicted by paralytic stroke, that he is poor man without any employment for about three years, that he is in a very pitiable situation and that the conviction should not be a bar for his re-employment. Unless there is a specific provision in the Standing Orders of the Corporation, that any person who has been convicted for offences under sections 304-A and 279 I. P. C. is liable to be dismissed automatically, the Management can certainly consider any prayer by the revision petitioner for re-employment, since he is found to be the first offender and that he had not caused any accident during his long period of service of 28 years.