JUDGEMENT
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(1.)The petitioner is before this Court seeking for the following reliefs:-
"a) Call for records of the proceedings of the II Additional Labour Court, Bangalore pertaining to I.D.No.120/2013, which has culminated in its award dtd. 30/6/2015 produced at Annexure-C.
b) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the award dtd. 30/06/2015 passed by the II Addl. Labour Court, Bangalore in I.D.No.120/2013, produced at Annexure-C.
c) Grant such other reliefs that may be deemed fit by this Hon'ble Court, under the facts and circumstances of the case, in the interest of justice and equity."
(2.)The contention of the petitioner-Road Transport Corporation is that the respondent was working as a
driver with the petitioner. On 16/4/2010, when the
respondent was discharging his duties as the driver
of bus bearing No.KA-01-F-4515 on route No.315T/1
from T.C.Palya to Kempegowda Bus Stand, the said
bus reached near Begum Hall, due to his rash and
negligent driving, dashed against a Honda Activa
scooter which was coming from opposite direction
and caused a fatal road accident. Due to which, the
rider of the two wheeler sustained head injury and
expired on the way to the hospital.
(3.)On the basis of the report submitted by the Assistant Traffic Inspector, the Disciplinary Authority issued
Article of Charges to the respondent and on the reply
submitted by the respondent, being not satisfactory
and convincing, the Disciplinary Authority decided to
hold an enquiry and appointed an Enquiry Officer.
Thereafter, a notice was issued and an enquiry was
conducted. The respondent having participated in the
enquiry, based on the oral and documentary
evidence on record, the Disciplinary Authority was
of the opinion that the charges are proved against
the respondent stating that earlier also he was
involved in two other accidents in which one was
fatal and the other was minor, apart from the
accident in question and dismissed the respondent
from service on 29/6/2013.
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