P.SUBRAMANIAM Vs. SPECIAL COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed seeking for the writ of certiorari to quash the impugned order dtd. 13/2/2003 passed by the 2nd respondent and confirmed by the 3rd respondent, by order dtd. 27/8/2014.

(2.) The petitioner was employed as a Driver in the Transport Corporation. An accident occurred on 23/7/2002 when the bus driven by the petitioner collided with a TVS 50 vehicle and caused damage to the bus, the TVS 50 vehicle and also caused injuries to the rider of the TVS 50 Vehicle. Thereafter, it appears that the bus was taken to the Motor Vehicle Inspector, who submitted a report dtd. 24/7/2002 specifying the following defects:

(3.) Pursuant to the same, a charge memo dtd. 16/8/2002 was issued to the petitioner for rash and negligent driving and for causing damage to the reputation of the Transport Corporation. In response thereto, the petitioner submitted a representation dtd. 11/9/2002, wherein he submitted that police investigation is going on, in respect of the accident and that until the police enquiry is concluded, the domestic enquiry should not be proceeded with. Thereafter, it appears that based on the findings of the enquiry officer, the disciplinary authority passed an order dtd. 13/2/2003 and imposed the minor penalty of stoppage of increment for one year without cumulative effect. This order was challenged by the petitioner before the appellate authority and the appellate authority, by an order dtd. 27/8/2004, confirmed the order of the 2nd respondent dtd. 13/2/2003. These two orders dtd. 13/2/2003 and 27/8/2004 are impugned in this writ petition.