IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2512 of 2006 CHANDESHWAR SHARMA Versus BIHAR STATE ROAD TRANSPORT CORPORATION & ORS ----------- 6 11.9.2008 Heard learned counsel for the parties. Petitioner was charged with the allegation of rash and negligent driving in Calcutta Nalanda route which led to an accident and extensive damage to the bus in question. Petitioner thereafter was subjected to a departmental enquiry after issuance of a chargesheet. It is not in dispute that notice had been issued to petitioner but he did not appear in the departmental enquiry. Based on Spastikaran (explanation) offered by the petitioner the enquiry officer found the petitioner guilty. The guilt thereafter led to imposition of punishment as would be evident from annexure-5 to the writ application. Other punishments to some extent have lost their meaning but the petitioner is aggrieved by the primary punishment of recovery of Rs. 87,224/- which was the cost estimated for repair of the bus. Petitioner’s appeal against the order of punishment came to be rejected by the Administrator vide his order dated 27th July, 2002 contained in annexure-9. This writ application has been filed thereafter challenging these orders. Contention of learned counsel appearing on behalf of the petitioner is that there is no evidence whatsoever to show that the petitioner is guilty for the rash and negligent driving. It is the case of petitioner that the accident was because of mechanical failure of the break and this was the consistent stand of the - 2 - petitioner before the enquiry officer as well as the disciplinary authority and the appellate authority. Even though he could not appear in the enquiry but at no point of time he had accepted his guilt as has been stated by the enquiry officer in the enquiry report. In fact, according to the petitioner even in the criminal case which was instituted against him for rash and negligent driving he has been exonerated and there is a kind of finding that the accident happened due to the defect in the foot break. The order of the court of Sub-Divisional Judicial Magistrate, Howraha (S) has been brought on record as annexure-8. To verify the assertion of the petitioner with regard to holding of enquiry and evidence which has been led and rendered in the matter, the Court summoned the original record of the departmental enquiry. The same was produced for perusal. The Court has gone through the record of the departmental proceedings and the enquiry report. An examination of the enquiry report would show that it is more of a narration of events on which pronouncement of guilt against the petitioner has been recorded without discussing the kind of evidence which has been led in the matter either documentary or oral. The Court is not satisfied at all with the enquiry report and the so called material which is the basis. In fact there seems to be an error in the enquiry report where the enquiry officer has recorded that the petitioner had accepted his guilt in his Spastikaran (show cause). - 3 - Petitioner has brought his show cause on record which is annexure 3. There is consistent stand that the accident in question was as a result of mechanical failure and not on account of rash and negligent driving. How the enquiry officer has stated that in Spastikaran petitioner has accepted his guilt is not understood by Court. To say the least the enquiry report is a lay man job and the same cannot be used for fixing responsibility upon the petitioner. The Court therefore does not find that the enquiry has been held in a proper manner and evidence has emerged in the same which can nail the petitioner with the responsibility as charged. In view of the above aberration, the Court has difficulty in accepting the punishment order which has been imposed upon him by the disciplinary authority and accepted by the appellate authority with some modification. The order of punishment dated 29.8.2000 contained in annexure-6 as well as the order dated 27.7.2002 contained in annexure-9 are hereby quashed. This writ application is allowed. RPS (Ajay Kumar Tripathi,J.)