Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner is driver in U. P. State Road Transport Corporation. On 6.7.2003, the petitioner along with Sri K. P. Pandey, co-driver and Sri Bhagwant Prasad, conductor was driving Bus No. 53L 9585 from Delhi to Nichlaul. THE bus was scheduled to take halt, at Sonauli, in the intervening night of 6/7.7.2003 and was to then proceed in the morning of 7.7.2003 to Nichlaul via Farenda. THE case : It is admitted to the parties that before reaching Sonauli in the night of 6.7.2003, the journey was broken at New Shera Hotel for the refreshment of passengers and staff. After taking meals, the petitioner suffered severe stomach pains. In the circumstance, he handed over charge of the bus to co-driver Sri K. P. Pandey and Conductor Sri Bhagwant Prasad. The petitioner was taken to Primary Health Centre by the Hotel Proprietor-Sri Ujagar Singh. Thereafter, Sri K. P. Pandey, co-driver and Sri Bhagwant Prasad, conductor proceeded with the journey from Sonauli without night halt for Nichlaul. The petitioner, in the meantime, was attended by the Medical Officer/in charge of the Primary Health Centre, Adda Bazar, who administered medicines to him and was advised to rest. When condition of the petitioner improved in the morning, he was taken back by the hotel owner to his hotel where he got information through the local newspaper that the bus had met with an accident as a result whereof, the public had burnt the bus in retaliation.
(3.) IT is submitted that the petitioner immediately rushed to the spot but did not find anyone there. He thereafter went to the Nichlaul Depot where he met the co-driver and the conductor. On enquiry, he was told that after proceeding from the hotel the bus got struck in mud and when co driver and the conductor tried to take out the bus to the road, it caught fire due to short circuit and first information report had been lodged by them. The record : The petitioner was placed under suspension vide order dated 9.7.2003 and was served with a charge-sheet dated 19.7.2003, for the following charges : ...[VERNACULAR TEXT OMMITED]...;