Madras High Court has upheld the order of a single judge and cleared the way for re-employment of a Metropolitan Transport Corporation (MTC) driver who was dismissed from service after a 2012 incident when his bus tumbled down a flyover on to an arterial road here.
The division bench, comprising justices Satish K Agnihotri and KK Sasidharan, directed that the driver be taken back while dismissing the appeal by MTC.
The bench in its order yesterday said that, "except for a self-serving statement", the management had failed to produce any material to establish that the inspector who submitted a report that the driver's seat was intact had been cross- examined.
"There is also no material to establish that the management had made all endeavours to produce travelling passengers for examination before the inquiry committee."
The bus was on its way to Vadapalani from Broadway on June 27, 2012, when, while turning on to the cloverleaf road atop Anna flyover, it dashed against the parapet wall and tumbled down the bridge, injuring 46 passengers.
Driver D Prasad was first placed under suspension on June 28, 2012, then issued a charge memo after three days, charging him with rash and negligent driving.
After an inquiry found him guilty, a second show cause notice was served on him on October 5, 2012, and, as his explanation was not satisfactory, he was dismissed on October 18.
Prasad submitted that it was due to the bad condition of the seat that he fell down, which was seen by the passengers.
The Deputy Commissioner of Labour refused to approve the dismissal and a single judge also set-aside the dismissal order, against which MTC moved court.
The bench upheld the order and said it has no hesitation to hold that the finding of the special deputy commissioner of labour, confirmed by the single judge, was not at fault.
The court said MTC has failed to establish even a prima facie legal case necessitating dismissal of the employee. The deputy commissioner of labour was right in rejecting the approval petition, which was confirmed by the single judge, it said.
