The CAT's principal bench upheld the DTC's decision saying that the benefits of doubt can be given in criminal cases but not in departmental proceedings.
Pointing out that the Delhi Transport Corporation (DTC) driver was not acquitted on merits but had been given the benefit of doubt by the court, the CAT refused to set aside the DTC's decision taken in departmental proceedings.
"Merely because the applicant has been given the benefit of doubt by the trial court, according to us, (it) will not nullify the decision taken in departmental proceedings. They operate in different areas and there are conceptual difference between departmental inquiry and criminal proceedings.
"The criminal prosecution is launched for an offence for violation of a duty, the offender owes to the society or for breach of law. The departmental inquiry is to maintain discipline in the service and efficiency of public service," a bench of members M L Chauhan (judicial) and Veena Chhotray (administrative) said.
The CAT's order came on a plea by DTC driver Dharam Singh, who contended that since he had been set free by the trial court in the criminal case against him, for driving in a rash and negligent manner and causing the death of a person, the penalty order is required to be set aside.
The tribunal rejected the contention, saying "the trial court has not given any finding that the accused was not guilty of rash and negligently driving the bus, which resulted into the death of a old man."
According to the inquiry officer's report and the criminal case against Singh, while driving through Usmanpur Village on the Delhi-Badayu route on the afternoon of March 6, 1999, he had hit an old man, who had died on the spot.
