Tarun Chatterjee, J. - (1.) Shri Sapan Kumar Mitra, who is Respondent No. 1 in this appeal was employed by the Appellant, South Bengal State Transport Corporation (in short Corporation) as a bus driver. On 21st April, 1994 the bus which the Respondent No. 1 was driving left Durgapur for Malda. In early hours of 22nd April, 1994, i.e. at around 0030 hours, the bus met with an accident on the Farakka Barrage and fell into the bay. The accident had occurred when a truck approached the bus from the opposite side on the barrage and finding that the truck was approaching the bus from the opposite side, the bus driver turned it sharply towards left and as a result, it dashed into the lock-gate and the railings of the barrage, by which process, the bus fell into the bay.
(2.) Due to this accident, 15 precious lives were lost and a number of other passengers were seriously injured. A departmental inquiry as well as a criminal proceeding was initiated against respondent No. 1. The criminal proceeding was at the instance of one of the bus passengers who got injured and later succumbed to injuries. This criminal case came to be registered as Farakka Police case No. 34 of 1994 under Sections 279, 338, 427 and 304A of Indian Penal Code. The departmental inquiry at the same time was also initiated against Respondent No.1 which ultimately resulted in the removal from service of Respondent No. 1.
(3.) So far as the criminal case is concerned, it ended in acquittal of Respondent No. 1 on the ground that sufficient evidence was not available to the Court to come to a conclusion of guilt of Respondent No. 1.;