Shishir Kumar, J. - (1.) The present writ petition has been filed for quashing the order-dated 23.1 2002 (Annexure 5 to the writ petition) passed by the respondent No. 2.
(2.) The facts arising out of the present writ petition are that the petitioner who is a driver working under the respondent No. 1. The respondent No. 2 issued a show cause notice dated 19.6.2001 in which it has been alleged that a bus of the Corporation bearing registration No. UP.80D/ 9736 while being driven by the petitioner, met with an accident on Delhi-Agra route. It was further alleged in the said notice that in Motor Accident Case No. 165 of 1994, an award to the tune of Rs. 1,77,800/- has been given against the Corporation and the respondent No. 1 sustained the said loss on account of the petitioner's negligence and, therefore, a show cause notice, why the said amount be not recovered from him and why he should not be removed from service. A copy of the show cause notice dated 19.6 2001 has been annexed as Annexure 1 to the writ petition. In reply to the show cause notice, the petitioner requested the respondent to provide him the copy of the judgment in Motor Accident Claim No. 165 of 1994 and other evidence in order to unable him to furnish his reply. Thereafter, the respondent vide letter dated 13.11.2001 made a few documents available to the petitioner and the petitioner was also warned that in case he does not submit his reply within a week, the ex-parte proceedings will be commenced against the petitioner. The petitioner in his reply to the show cause notice specifically pointed out that he has been given only pages 1, 9, 10, 11, 20 and 21 of the judgment of the Motor Accident Claims Tribunal and a complete copy of the award has not been made available to the petitioner. The petitioner also pointed out the various other documents including the evidence before the Tribunal but the same has not been furnished to the petitioner. In such circumstances, the petitioner submits that the petitioner is unable to give a proper reply to the show cause notice. But the petitioner, however, in view of the warning given by the respondents, in case, he does not file the reply, exparte order will be passed, was compelled to furnish his explanation without any material available to him.
(3.) The petitioner has also requested the respondents to give him opportunity of leading oral evidence and cross-examining certain witnesses. In spite of the aforesaid request made by the petitioner, the respondents did not furnish the entire copy of the award and other necessary documents.;