S. JAMBULINGAM Vs. CHOLAN ROADWAYS CORPORATION, LTD. (REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR), KUMBAKONAM, AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed under Art. 226 of the Constitution of India for the issuance of a writ quashing the communication of the second respondent-General Manager, Cholan Roaways Corporation,Ltd., Kumbakonam, in his C. R. V. D. 2/47/84, dated 6 Dec. 1984, and to pass such other and necessary orders.

(2.) The petitioner is a driver in the employment of the Cholan Roadways Corporation, Ltd. On 8 Oct. 1980, when he was driving the bus bearing registration No. TMN 4189 from Trichi to Madurai, he met with an accident in which two persons travelling in a bullock cart sustained injuries, of whom one died subsequently in the hospital. The second respondent-General Manager, Cholan Roadways Corporation, Ltd., placed the petitioner under suspension by his order, dated 18 Oct. 1980, and served on him a charge-memo on 24 Oct. 1980, in respect of this occurrence. The first charge was causing collision with the bullock cart. The second charge was that he was responsible for the death of one person and for serious injuries to the other. The third charge was that he caused loss to the corporation to the tune of Rs. 2,000 and the fourth and last charge was that he brought disrepute to the corporation. The petitioner sent his submissions, but no final orders were passed thereon. It may here and now be stated that in the counter-affidavit filed by the Managing Director, it is admitted that this enquiry was closed.

(3.) The petitioner was prosecuted by the police for offences under Sections 304A and 338 of the Indian Penal Code in C. C. No. 1077 of 1980, on the file of the Chief Judicial Magistrate, Trichi. The case ended in conviction and the petitioner was sentenced to imprisonment for a period of four months. On appeal, the learned Sessions Judge, Trichi confirmed the conviction, but modified the sentence imposed on the petitioner into one of fine of Rs. 600 under S. 304A of the Indian Penal Code in default to suffer rigorous imprisonment for one month and a fine of Rs. 100 under S. 338 of the Indian Penal Code in default to suffer rigorous imprisonment for two weeks. Subsequently, the third respondent-Assistant General Manager of Cholan Roadways Corporation, Ltd., framed another charge against the petitioner on the basis of the conviction suffered by him and called upon him to show cause. The petitioner sent his representation and an enquiry was held. The enquiry officer found the petitioner guilty. Thereafter, the second respondent-General Manager issued the impugned notice, dated 6 Dec. 1984, calling upon the petitioner to show cause why he should not be dismissed from service. It is this notice that is challenged in this writ petition.