HANS RAJ Vs. HRTC

JUDGEMENT

(1.) PETITIONER was employed as driver with HRTC, impleaded as Respondent No. 1 herein. On 10.7.1991, he was deployed with Bus No. HP -34 -3008, as a driver. When the bus reached near village Nal in Sunder Nagar Sub Division of Mandi District, a land slide was noticed by the side of the road. Because of that the bus was stopped. There were several passengers in the bus. Petitioner put the bus in the first gear and applied the hand brake. Conductor appears to have placed some stone behind one of the rear tyres of the bus. Then the Petitioner alighted from the bus. The bus skidded and then started moving backward and ultimately rolled down the road. Seven passengers died and several others sustained injuries. Respondent No. 1, the employer of the Petitioner, had to pay huge amount of compensation to the dependents of the deceased and the injured, pursuant to the orders passed by the Motor Accident Claims Tribunal,, on the petitions of the dependents of the deceased and the injured persons.

(2.) DEPARTMENTAL inquiry was initiated against the Petitioner. He was charge -sheeted. Regular inquiry was conducted. He was found guilty of negligence for having deboared the bus, without application of Gutka (wooden block), behind one of the back tyres of the bus. Show cause notice of proposed penalty of removal from service was served upon him. Ultimately, he was ordered to be removed from service, vide office order dated 1.7.2003, copy Annexure PJ. He filed an appeal, which has been dismissed vide order dated 13.8.2003, copy Annexure PL.

(3.) PETITIONER 'splea is that finding of the Inquiry Officer is not based on any evidence. It is also his case that a criminal case was instituted against him and the Criminal Court has acquitted him of the charge and, therefore, he could not have been held guilty by the Inquiry Officer or in any case the finding of the Inquiry Officer is required to be ignored, because of judgment of acquittal.