LALREMMAWIA Vs. STATE OF MIZORAM AND OTHERS

JUDGEMENT

(1.) I have heard Mr. C. Lalramzauva, learned counsel for the petitioner. Also heard Mr. N. Sailo, learned Govt. advocate appearing on behalf of the State respondent.

(2.) This is an application under Article 226 of the Constitution of India filed by the petitioner challenging the legality of the departmental proceeding held against him and the penalty of removal imposed upon him thereon. The reliefs claimed by him in the writ petition includes reinstatement to his former post with service benefits.

(3.) The facts and circumstances leading to the filing of this writ petition may be briefly noticed at the outset. The petitioner was appointed on promotion to the post of driver under the Directorate of Transport on 14.9.1981. On 8.7.1995 while he was detailed to go to Vaitin Village from Aizawl to drive the MST Bus bearing Registration No. ZRX-217, the bus driven by him met with an accident at Khumlohzawl near Darlawn Village which caused damage to the said bus and injuries to some of the passengers. As a result of the accident, the petitioner was placed under suspension for holding a disciplinary proceeding against him. Thereafter the petitioner was served with the charge sheet. The articles of charges pertain to allowing an unauthorised person, who was not from the transport department, to drive the vehicle on the date of the accident and of driving the bus under intoxication in violation of Section 185 of M.V. Act, 1988 and Rule 22 of CCS(C) Rules, 1964 and of carrying 8 extra passengers in the bus in violation of the departmental instructions. The petitioner was served with the articles of the charges whereupon he submitted his written statement of defence wherein he admitted to the charges made against him to the extent that his close and near relatives Samuel Lalnuntluanga drove his allotted vehicle as he was suffering from stomach ache and that he had consumed one glass of liquor in order to relieve his pain before giving the charge of the vehicle to the said Samuel Lalnuntluanga at Seling.