BENGALURU: The Karnataka High Court has criticised the North Western Road Transport Corporation (NWKRTC) for taking contradictory positions in a case involving one of its drivers. While defending the driver before the Motor Vehicle Accident Claims Tribunal, arguing that he was driving properly, the Corporation simultaneously initiated disciplinary proceedings to remove him for negligent driving.
Justice Suraj Govindaraj made these observations while dismissing NWKRTC’s petition challenging the Labour Court’s order in Hubballi, which had ruled in favour of driver Hussainsab against his dismissal from service. The Labour Court had passed its order on 25 September 2019.
"If any accident occurs, if NWKRTC were to initiate disciplinary proceedings against a driver, then NWKRTC cannot take a different stand in a claim proceeding filed in a motor vehicle accident case. NWKRTC, being a government entity, is required to be a model litigant. A model litigant cannot take two contradictory stands—on the one hand contending that the driver was driving in a proper manner, virtually certifying the driver's conduct and driving abilities, and on the other hand, initiating proceedings against a driver for rash and negligent driving by contending there is misconduct," the court observed.
The case dates back to 24 March 2013, when Hussainsab was allegedly driving a bus between Belagavi and Hubballi in a rash and negligent manner, leading to the death of a motorcycle rider. Disciplinary proceedings were initiated against him following the registration of a criminal case. Based on the inquiry officer’s report, the disciplinary authority ordered his dismissal.
Challenging this decision, Hussainsab approached the Labour Court, which ruled in his favour. NWKRTC then moved the High Court against the Labour Court’s decision. The Corporation’s counsel argued that it had maintained before the Motor Vehicle Accident Claims Tribunal that the driver was not at fault and that the accident was caused by the motorcycle rider. However, the tribunal did not accept this argument and passed an award in June 2014.
The High Court ruled that NWKRTC’s contradictory stance was not legally sustainable and deemed it malafide.