Madras high court dismisses plea against TNSTC driver over accident

MADURAI: Confirming an order by a labour court, the Madras high court has relieved a Tamil Nadu State Transport Corporation (TNSTC) driver of charges of causing an accident in 2000 and dismissed a petition filed by the TNSTC.


A Sundar, a driver with TNSTC, Kumbakonam Limited in Karaikudi division was on duty from Karaikudi to Dindigul on July 15, 2000, when his bus collided with a car coming in the opposite direction killing three people and injuring three.

A charge memo was issued to him for rash and negligent driving. Sundar submitted his explanation and a domestic inquiry was conducted as per rules. After giving sufficient opportunity, the inquiry officer filed his report holding that the charges are proved against Sundar. Stating that Sundar had similar antecedents and punished for negligent driving on earlier occasions, Sundar was terminated from service.

Sundar moved the labour court at Madurai in 2006, seeking to set aside the punishment and reinstate him with continuity of service. The court, after considering the facts concluded on November 27, 2008 that Sundar was not responsible for the accident.

On perusal of submissions, justice S S Sundar said that even though it was observed by the labour court that the accident could have been avoided by the second respondent, the court found that the TNSTC management has failed to examine any witness or produce material to prove the charge.

“Though it is true that in departmental proceedings the standard of proof is not the same as required to prove criminal charges, the labour court has considered the evidence of conductor corroborating the evidence of Sundar. After examining the documents and statement of witnesses, the labour court came to the conclusion,” observed the judge.