Judgment

Dr. B.R. Sarangi, J.

Late Guru Prasad Bose, who was working as a Driver under the Orissa State Road Transport Corporation Ltd. (hereinafter referred to as "the Corporation) a Government of Orissa Undertaking, had filed this writ petition seeking the following reliefs:

"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to admit the writ application, Gall for the records from the opposite parties, issue rule NISI calling upon the opp. parties to show cause, as to why the prayers made hereunder, be not allowed and upon showing insufficient/no cause, make the said rule absolute by issuing writ/writs/no cause, make the said rule absolute by issuing writ/writs, in the nature of :

(i) Certiorari quashing the enquiry report under Annexure-7 and the order of punishment under Annexure-9;

(ii) Mandamus directing the opp. parties to release the retiral dues of the petitioner forthwith;

(iii) Mandamus directing the opp. parties to an exemplary cost for dragging the petitioner to unnecessary litigations;

(iv) xx xx xx xx xx"

2. During pendency of the writ petition, Late Guru Prasad Bose expired and his legal heirs have been substituted as petitioners pursuant to the order dated 15.09.2006 to pursue the remedy sought by the deceased petitioner as stated above.

3. The short facts of the case in hand are that the writ petitioner while was on steering of a bus bearing Registration No. OR-02A-3035 (Bhubaneswar-Motu) with full care and caution, met with an accident on 12.09.2003 by which a girl namely, Niyati Satpathy, died as the left rear wheel of the bus ran over her. The deceased petitioner was placed under suspension on 15.09.1993, vide Annexure-2 but no disciplinary proceeding was initiated against Late Guru Prasad Bose for quite a long time. The Personal Manager of the Corporation wrote a letter to the District Transport Manager (A), opposite party No. 1 intimating him to make sincere efforts to draw disciplinary proceeding and finalize the same as expeditiously as possible on 8.9.1994, vide Annexure-3. As a result, Late Guru Prasad Bose had been reinstated in service on 21.9.1995 vide Annexure-4. After the incident occurred on 12.9.1993, the brother of the deceased girl, namely, Rakesh Satpathy lodged and FIR in B.N. Pur Police Station at Berhampur and on the basis of the said FIR, police registered the case being G.R. Case No. 799 of 1993 in the Court of learned J.M.F.C. (T), Berhampur for alleged offences under Sections 279/304-A, IPC against late Guru Prasad Bose. On consideration of the materials available on record, the learned Magistrate acquitted Late Guru Prasad Bose of the charges vide judgment dated 01.05.1999, Annexure-5.

4. The parents of the deceased girl also filed an application under Section 166 of the Motor Vehicles Act, 1988 before Second MACT (SD), Berhampur, registered as MAC Case No. 357/94 (53/94) claiming compensation on account of the death of their daughter in the accident in which learned Tribunal awarded a compensation of Rs. 90,000/- with interest thereon @ 9% per annum from the date of application till realization from the Corporation, vide order dated 30.3.1996, Annexure-6.

5. Against the aforesaid award of compensation under Annexure-6, the Corporation did not choose to prefer an appeal, but after a long lapse of nine years, initiated a disciplinary proceeding vide DDP No. 2825 dated 10.7.2002 and framed the following charges:

(1) due to accident of bus bearing registration No. OR-02-A 3035 on 12.9.1993 while on steering in Bhubaneswar-Motu line resulting the death of one college girl namely Niyati Satpathy; and

(2) Due to his such negligent conduct the second MACT Court, Berhampur awarded Rs. 90,000/- towards compensation which is a loss.

6. In reply to the aforesaid charges, Late Guru Prasad Bose filed his explanation on 24.7.2002 denying the allegations and categorically stated that he was neither negligent in performing his duty nor was driving the bus rashly, but it was du