Rakesh Tiwari, J. - (1.) List has been revised. None is present on behalf of the petitioner. Learned Standing Counsel is present. I have perused the entire records.
(2.) The petitioner has filed this writ petition challenging the order of termination dated 28.6.1997, Annexure-13 to the writ petition. He further prays for a direction in the nature of mandamus commanding the change of place of enquiry from Varanasi to Jaunpur Depot and that departmental proceedings may be initiated afresh thereafter.
(3.) The brief facts of the case are that the petitioner was suspended vide order dated 21.5.1996 by the Regional Manager, Uttar Pradesh State Road Transport Corporation (hereinafter referred to as UPSRTC). A domestic enquiry was held in pursuance of the charges of misconduct, annexed as Annexure-1 to the writ petition. The charge against the petitioner was that on 18.9.1996 while on duty, he took Bus No. UAQ-9351 after completing all the necessary official formalities, from Kashipur depot and proceeded to Jaunpur depot. He halted at Varanasi Cantt. Bus Station, where he had an altercation with another driver Sri Mohan Lal of the Varanasi Depot (Gramin) of Bus No. UP'65H/863. During altercation the petitioner is alleged to have pushed Sri Mohan Lal and tried to run the Bus over him as a result of which Sri Mohan Lal sustained bodily injuries and while being taken him to the Government Hospital, Varanasi, he died on the way.;