Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties and perused the record.

2. This writ petition has been directed against the impugned order dated 18.3.2002, appended as Annexure-8 to this writ petition, passed by Respondent No. 1/Regional Manager, U.P. State Road Transport Corporation, hereinafter referred to as ‘Corporation’. By the said order the respondent No. 1 had ordered withholding of the retirement benefits of the petitioner and for recovery of a sum of Rs. 49,014.95 from the retiral dues of the petitioner to compensate the loss of the Corporation due to accident of the Bus, by alleged negligence of the petitioner.

3. The petitioner is driver in the Corporation. He claims that when he was driving Bus No. U.M.H. 9979 on Jaunpur to Varanasi route on 12.1.1994 it collided with a standing vehicle due to failure of brakes. In the accident right leg of the petitioner was fractured and in an unconscious state he was hospitalised in Kabir Chaur Hospital, Varanasi. After a long treatment he was declared physically disabled due to which he was unable to drive any vehicle in future.

4. In an inquiry held by Sri J.N. Sinha as Inquiry Officer, who submitted inquiry