JUDGEMENT

R.M. Lodha, J.

1. Leave granted.

2. Whether the departmental appellate authority was justified in ordering fresh appointment to the appellant while setting aside the order of dismissal from service or it ought to have ordered reinstatement with continuity of service and full back wages? This is the question that falls to be determined in this appeal by special leave.

3. Subhash Kondiba Sontakke - the appellant – came to be employed as driver in 1980 with Maharashtra State Road Transport Corporation (for short, ‘Corporation’). He was made permanent in 1985. On September 28, 2000, the appellant was on duty on Beed-Dharur route. While driving bus (MH-20-D- 4332) on that route on that day, it is alleged that the bus ramped on the railing of the bridge near Chinchavan village due to rash and negligent driving of the appellant and that resulted in damage to the bus. The Transport Officer, Beed, held an enquiry into the accident and after receipt of the report, the disciplinary authority issued charge-sheet to the appellant on November 20, 2000. The disciplinary authority also appointed Inquiry Officer to enquire into the charge(s) against the appellant.

4. The appellant respond