DIVISIONAL CONTROLLER B.M.T.C. Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:-

(2.) The contention of the petitioner-Road Transport Corporation is that the respondent was working as a driver with the petitioner. On 16/4/2010, when the respondent was discharging his duties as the driver of bus bearing No.KA-01-F-4515 on route No.315T/1 from T.C.Palya to Kempegowda Bus Stand, the said bus reached near Begum Hall, due to his rash and negligent driving, dashed against a Honda Activa scooter which was coming from opposite direction and caused a fatal road accident. Due to which, the rider of the two wheeler sustained head injury and expired on the way to the hospital.

(3.) On the basis of the report submitted by the Assistant Traffic Inspector, the Disciplinary Authority issued Article of Charges to the respondent and on the reply submitted by the respondent, being not satisfactory and convincing, the Disciplinary Authority decided to hold an enquiry and appointed an Enquiry Officer. Thereafter, a notice was issued and an enquiry was conducted. The respondent having participated in the enquiry, based on the oral and documentary evidence on record, the Disciplinary Authority was of the opinion that the charges are proved against the respondent stating that earlier also he was involved in two other accidents in which one was fatal and the other was minor, apart from the accident in question and dismissed the respondent from service on 29/6/2013.