8.In the instant case, the accident had happened unexpectedly, due to the negligence of 15 year old minor, who was riding a Pulsor Bike with high speed, who lost control over his bike, dashed against the bus of the respondent Corporation, which was driven by the petitioner on the track of Tiruchendur to Udangudi, resulting in the death of minor boy. On verifying the CCTV footage, the police officials concluded that the accident happened, only because the rash and negligent riding of bike by the minor boy and thereby, dropped the action as against the petitioner. However, without considering the same, departmental action was proceeded by the respondents against the petitioner and imposed a punishment on him. The respondents Corporation ought to have exonerated the petitioner from all charges framed against him. On the other hand, the respondents Corporation proceeded with the enquiry and inflicted punishment on him, which is disproportionate to incidence of the accident, which is not attributable to the petitioner in any way.
