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1958 Supreme(Cal) 89

D.N.SINHA
AMULYA KUMAR SIKDAR – Appellant
Versus
L. M. BAKSHI – Respondent


Advocates Appeared:
ABINASH CHANDRA BOSE, ANIL KUMAR GUPTA, J.Majumdar, NARESH CHANDRA MITRA, P.K.BANERJI

D. N. SINHA, J.

( 1 ) THE facts in this case are shortly as follows: In or about March, 1949, the petitioner was appointed as a State Transport driver under the Directorate of Transportation, State of West Bengal, having been appointed by Mr. H. D. Choudhury, Special Officer, Home (Transport) Department. On or about 22-1-1954 the petitioner was plying State bus No. WBS 938. White so driving, there was an accident at the junction of Harrison Road and Strand Road. There was a collision between the bus and a lorry and the State bus suffered certain damages. On the same day a first information report was lodged at the Burrabazar Police Station and the petitioner gave an explanation. According to him, the explanation was not properly recorded. On 16-2-1954 an order of suspension was passed against the petitioner. On 17-2-1954 a charge-sheet was framed which was served on the petitioner on 19-2-1954. The gravamen of the charge was that there was an accident following which the State bus, which was being driven by the petitioner, was damaged heavily. It was stated that the report put in by the petitioner had stated that brakes had failed but this was not accepted. The charge was that the






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