SOUTH BENGAL STATE TRANSPORT CORPN Vs. SWAPAN KUMAR MITRA
LAWS(SC)-2006-2-67
SUPREME COURT OF INDIA
Decided on February 03,2006

SOUTH BENGAL STATE TRANSPORT CORPN Appellant
VERSUS
SWAPAN KUMAR MITRA Respondents





Cited Judgements :-

DELHI TRANSPORT CORPORATION VS. PRATAP SINGH [LAWS(DLH)-2007-3-178] [REFERRED TO]
MANOJ SINGHANIA VS. UNION OF INDIA [LAWS(DLH)-2008-5-161] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. DHARAM SINGH [LAWS(DLH)-2010-2-54] [REFERRED TO]
PRADIP LUMAR VS. BHARAT COKING [LAWS(JHAR)-2008-2-2] [REFERRED TO]
RADHEY SHYAM GAUTAM RAM DAYAL VS. UTTAR PRADESH PUBLIC SERVICES TRIBUNAL STATE OF UTTAR PRADESH COLLECTOR [LAWS(ALL)-2006-4-13] [REFERRED TO]
LALTHNKHUM KUKI VS. STATE OF MANIPUR [LAWS(GAU)-2006-12-29] [REFERRED TO]
STATE OF TRIPURA VS. SHANKAR CHANDRA DEV [LAWS(GAU)-2009-6-54] [REFERRED TO]
S N YADAV VS. STATE OF MIZORAM [LAWS(GAU)-2009-12-32] [REFERRED TO]
DEPOT MANAGER APSRTC VS. MOHD GHANI [LAWS(APH)-2007-7-24] [REFERRED TO]
B SRINIVASA RAO VS. ANDHRA BANK CENTRAL OFFICE [LAWS(APH)-2007-7-50] [REFERRED TO]
P CHANDRAHAS KOHIR VS. PRESIDING OFFICER LABOUR COURT II [LAWS(APH)-2007-8-50] [REFERRED TO]
P VENKATESH VS. REGIONAL MANAGER APSRTC [LAWS(APH)-2007-8-75] [REFERRED TO]
BHIMSEN GOCHHAYAT VS. REGIONAL MANAGER BANK OF INDIA [LAWS(ORI)-2007-3-6] [REFERRED TO]
GENERAL MANAGER GUN CARRIAGE FACTORY VS. K DATTA EX SUPERVISOR GUN CARRIAGE FACTORY VICE PRESIDENT LABOUR UNION GUN [LAWS(MPH)-2006-5-12] [REFERRED TO]
BATA MAZDOOR UNION VS. STATE O WEST BENGAL [LAWS(CAL)-2006-4-30] [REFERRED TO]
SWAPAN KUMAR MAITY VS. SOUTH EASTERN RAILWAY [LAWS(CAL)-2006-8-80] [REFERRED TO]
STEEL AUTHORITY OF INDIA LIMITED VS. DEBASISH BISHWAS [LAWS(CAL)-2007-3-52] [REFERRED TO]
SUNIL PILLAI VS. STATE OF M P [LAWS(MPH)-2009-7-92] [REFERRED TO]
GHISULAL TAILOR VS. UNION OF INDIA [LAWS(CAL)-2007-7-4] [REFERRED TO]
AIRPORT AUTHORITY OF INDIA VS. PRADIP KUMAR BENERJEE [LAWS(CAL)-2007-8-64] [REFERRED TO]
GURMIT SINGH VIKHU VS. PUNJAB AND SIND BANK [LAWS(MPH)-2010-3-35] [REFERRED TO]
UNION OF INDIA VS. PRABIR KUMAR [LAWS(CAL)-2008-12-42] [REFERRED TO]
COCHIN SHIPYARD LTD VS. INDUSTRIAL TRIBUNAL [LAWS(KER)-2006-4-21] [REFERRED TO]
R N BERA VS. COMMANDANT [LAWS(MAD)-2007-1-119] [REFERRED TO]
M MANI VS. MANAGEMENT OF BHARAT HEAVY ELECTRICALS LIMITED [LAWS(MAD)-2007-4-218] [REFERRED TO]
BANSHI DHAR VS. STATE OF RAJASTHAN [LAWS(SC)-2006-10-103] [REFERRED TO]
DIVISIONAL CONTROLLER VS. M G VITTAL RAO [LAWS(SC)-2011-11-34] [REFERRED TO]
HARPAL SINGH VS. STATE OF PUNJAB [LAWS(SC)-2007-12-121] [REFERRED TO]
MANAGEMENT PANDIYAN ROADWAYS CORP LTD VS. N BALAKRISHNAN [LAWS(SC)-2007-5-172] [REFERRED TO]
UNION OF INDIA VS. AVANINDRA KUMAR TIWARI [LAWS(ALL)-2011-7-65] [REFERRED TO]
OM PRAKASH VS. PRESIDING JUDGE H P INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(HPH)-2012-7-56] [REFERRED TO]
SATISH KUMAR VS. ASSOCIATED CEMENT COMPANIES LTD [LAWS(HPH)-2012-7-57] [REFERRED TO]
BIJAY KUMAR GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-2-99] [REFERRED TO]
S RAMASWAMY VS. MANAGEMENT OF CANARA BANK [LAWS(MAD)-2007-9-16] [REFERRED TO]
PALA RAM VS. STATE OF HARYANA [LAWS(P&H)-2010-11-122] [REFERRED TO]
MOHAMMED RUSTAM VS. J V V N LTD [LAWS(RAJ)-2006-4-164] [REFERRED TO]
R SRINIVASA REDDY VS. HONBLE LABOUR COURT [LAWS(APH)-2012-8-99] [REFERRED TO]
U.C.MISHRA VS. STATE OF U.P [LAWS(ALL)-2013-2-39] [REFERRED TO]
RAJBIR SINGH VS. D.T.C. [LAWS(DLH)-2013-5-392] [REFERRED TO]
RANI P. JOHN VS. CORPORATE MANAGEMENT OF THE TERESIAN CARMALITE SISTERS OF ERNAKULAM [LAWS(KER)-2007-8-108] [REFERRED TO]
DEENA NATH VISHWAKARMA VS. STATE OF U.P. [LAWS(ALL)-2014-1-49] [REFERRED TO]
ASIM KUMAR HAJRAH VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-12-62] [REFERRED TO]
MANPREET VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-12-99] [REFERRED TO]
TULSI DEVI VS. H.R.T.C. [LAWS(HPH)-2010-5-16] [REFERRED TO]
HARI SHARAN THAKUR VS. STATE OF BIHAR WITH [LAWS(PAT)-2008-1-153] [REFERRED TO]
KISHORI LAL VS. STATE OF BIHAR [LAWS(PAT)-2007-11-46] [REFERRED TO]
ISHWAR CHAND VS. UNION OF INDIA [LAWS(P&H)-2014-5-417] [REFERRED TO]
JAYALAKSHMI VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-10-1] [REFERRED TO]
PHOOL KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2006-9-161] [REFERRED TO]
DES RAJ II, EX-SORTING ASSISTANT VS. UNION OF INDIA (UOI) AND ORS. [LAWS(CA)-2008-9-19] [REFERRED TO]
RAM PHAL VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2010-11-381] [REFERRED TO]
HARBANSH SINGH VS. MANAGING DIRECTOR [LAWS(CHH)-2014-3-50] [REFERRED TO]
JAI BHAGWAN CHHACHIA VS. UNION OF INDIA [LAWS(CA)-2014-10-8] [REFERRED TO]
RAGHUBIR SINGH VS. UNION OF INDIA AND OTHERS [LAWS(MPH)-2007-2-122] [REFERRED TO]
GURUDAYAL SINGH BHATIA AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-9-18] [REFERRED TO]
PARDEEP KUMAR MAHAJAN VS. PUNJAB GRAMIN BANK AND ANOTHER [LAWS(P&H)-2011-12-135] [REFERRED TO]
MUNICIPAL CORPORATION SHIMLA VS. SAVITRI DEVI [LAWS(HPH)-2015-10-38] [REFERRED TO]
S.S.P. SHARMA VS. THE INDUSTRIAL TRIBUNAL-II AND ORS. [LAWS(APH)-2015-9-39] [REFERRED TO]
XAVIER HERENZ VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-8-13] [REFERRED TO]
BIMALENDU SEKHAR MUKHERJEE VS. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD. OTHERS [LAWS(CAL)-2009-7-109] [REFERRED TO]
AKHILESH CHANDRA PORWAL ALIAS A C PORWAL VS. UNION OF INDIA AND 3 ORS [LAWS(ALL)-2016-5-524] [REFERRED]
SATBIR SINGH VS. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND OTHERS [LAWS(P&H)-2016-7-120] [REFERRED TO]
AVIJIT ROY VS. UNION OF INDIA AND ORS [LAWS(CAL)-2011-11-144] [REFERRED]
GURMIT SINGH VIKU VS. PUNJAB AND SIND BANK AND OTHERS [LAWS(MPH)-2010-4-125] [REFERRED]
SUNIL KUMAR, SON OF JAINANDAN SHARMA, RESIDENT OF QR. NO. C/20, TOPA OFFICERS COLONY, P.O. & P.S. KUJU, DISTRICT VS. CENTRAL COALFIELDS LTD. THROUGH THE CHAIRMAN [LAWS(JHAR)-2016-12-28] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD. VS. BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA [LAWS(CAL)-2011-9-216] [REFERRED TO]
BIRENDER SINGH & ORS VS. DIR GENERAL, RLY PROTECTION SPL FORCE [LAWS(DLH)-2010-2-546] [REFERRED]
VIDYA SAGAR VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2010-5-313] [REFERRED TO]
SARDARI LAL VS. PRESIDING OFFICER, LABOUR COURT, JALANDHAR AND OTHERS [LAWS(P&H)-2008-12-257] [REFERRED]
STATE OF PUNJAB VS. GOBIND LAL [LAWS(P&H)-2010-3-427] [REFERRED]
MAAN SINGH VS. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND OTHERS [LAWS(P&H)-2010-10-484] [REFERRED]
TALIB HUSSAIN VS. STATE [LAWS(J&K)-2017-3-22] [REFERRED TO]
UNION OF INDIA VS. P.K. SHARMA [LAWS(DLH)-2017-6-28] [REFERRED TO]
DINESH SINGH RAWAT VS. CHAIRMAN, RYAN INTERNATIONAL SCHOOL [LAWS(DLH)-2018-3-133] [REFERRED TO]
MARKESH MALLICK VS. STATE OF ORISSA [LAWS(ORI)-2011-8-86] [REFERRED TO]
DEVI CHARAN TIWARI AND ANOTHER VS. STATE OF M P & OTHERS [LAWS(MPH)-2017-7-174] [REFERRED TO]
RAJENDRA SINGH @ RAJENDER SINGH VS. UNION OF INDIA [LAWS(PAT)-2017-3-147] [REFERRED TO]
DINESH SINGH RAWAT VS. CHAIRMAN & ORS [LAWS(DLH)-2018-4-475] [REFERRED TO]
THE CHAIRMAN, RYAN INTERNATIONAL SCHOOL AND OTHERS VS. DINESH SINGH RAWAT AND ANOTHER [LAWS(DLH)-2017-5-314] [REFERRED TO]
BABU NAGAPPA SULEBHAVI VS. PRINCIPLE SECRETARY [LAWS(KAR)-2019-3-549] [RERERRED TO]
ANANTA NARAYAN PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-2019-11-23] [REFERRED TO]
MUKESH GURJAR VS. UNION OF INDIA [LAWS(DLH)-2020-9-145] [REFERRED TO]
M.RAJAGOPAL VS. STATE BANK OF INDIA [LAWS(MAD)-2020-12-352] [REFERRED TO]
RAJESH KOOLWAL VS. SHANKAR LAL SHARMA [LAWS(RAJ)-2022-3-164] [REFERRED TO]


JUDGEMENT

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.


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