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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 3179 of 2006

PETITIONER:

Uttaranchal Road Transport Corpn.and Ors

RESPONDENT:

Mansaram Nainwal

DATE OF JUDGMENT: 28/07/2006

BENCH:

ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

(Arising out of SLP ( C ) No. 162 of 2006)

ARIJIT PASAYAT, J.

Leave granted.

Appellants call in question legality of the judgment

rendered by a learned Single Judge of the Uttaranchal High

Court. By the impugned judgment, the learned Single Judge

set aside the order of termination passed by appellant No.2

and directed re-instatement of the respondent in service with

continuity of service, but without back wages.

Factual background needs to be noted in brief.

The respondent was appointed as Driver in appellant

No.1-U.P. State Road Transport Corporation (hereinafter

referred to as the ’Corporation’). On 10.10.1990 while the

respondent was plying the bus No.UGA 938 on Mussoorie

road, all of a sudden the vehicle met with an accident and fell

into a ditch. Thereafter, a disciplinary enquiry was initiated

against the respondent in which the charges against the

resp