RAM BILASH SHARMA SON OF LATE MISRI SHARMA Vs. BIHAR STATE ROAD TRANSPORT CORPORATION PARIBAHAN BHAWAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondents.

(2.) THIS petition has been filed by the petitioner challenging order dated 16.09.1995 issued vide memo no.1330 dated 25.09.1995 by which the Managing Director of the Bihar State Road Transport Corporation (hereinafter referred to as 'the Corporation' for the sake of brevity) (respondent no.3) giving three punishments to the petitioner and also appellate order dated 14.06.1996 passed by the Chairman of the Corporation by which Appeal No.21 of 1996 filed by the petitioner was dismissed and the order of the Managing Director was confirmed.

(3.) HOWEVER, considering the averments of learned counsel for the parties and the materials on record it is an admitted fact that on the relevant date which fell in January there was fog and the accident had occurred due to breakage of tyre rod. This supports the contentions of the petitioner. It is also apparent that the breakage of tyre rod was not due to any rash driving, rather it was a mechanical accident which had taken place without any fault of the petitioner. In these circumstances, it cannot be said that the accident had taken place due to any act of the petitioner, nor there is any material to show that the petitioner was driving rashly at the relevant time.