SOP for probe into mishaps involving CTU drivers ready

Tribune News Service

Dushyant Singh Pundir

Chandigarh, June 2

In order to deal with all accident cases uniformly, the UT Transport Department has prepared a draft “Uniform Policy for Accident Cases u/s 304-A 2023” so that action can be initiated against “erring” drivers of the Chandigarh Transport Undertaking (CTU) involved under Section 304-A (causing death by negligence) of the IPC.

At present, each accident case is dealt with separately and decisions are taken on the basis of facts and circumstances of the case. This has led to a situation where numerous representations are being received in the department from convicted officials as well as CTU Workers’ Union.

Norms to be followed during inquiry

• Disciplinary authority should notify speed limit, mention violation in report
• CCTV footage be taken, made part of every accident report
• Trial, appellate court order be perused by authority before action
• Panel visiting mishap scene must specify whether driver was intoxicated at time of crash
• Statements of passengers/ conductor, videography of scene be included
• Driver’s service record, conduct be considered/mentioned in the punishment order
• Should mention whether mishap occurred due to natural calamity

Uniform policy for accident cases

• In absence of SOP, each accident case is dealt with separately and decisions are taken on a case-to-case basis, inviting pleas for leniency from workers, union
• Departmental proceedings are initiated against drivers booked or convicted of rash and negligent driving; followed by passing of disciplinary action
• In case of conviction under Sec 304-A, orders of dismissal are passed against drivers while exercising powers under Article 311(2) of the Constitution
• Once uniform policy is implemented, accident panel will follow framed rules, facilitating departmental probe/action against ‘erring’ staff

438 buses in fleet

178 operate on tricity routes
62 involved in mishaps in 2022
6 persons lost their lives
0 mishap involving buses in 2023

The drivers and union have been demanding that a lenient view be taken and they be accommodated by framing a policy for their continuity in service by awarding minor penalty/reduction of pay/stoppage of annual increments, etc.

Once the policy is implemented, the standard operating procedure (SOP) will be followed in each accident case. The accident committee, which is already in place, will follow the framed rules as per the policy, says an official.

Even the Punjab and Haryana High Court had directed the Chief Secretaries of Punjab and Haryana and the UT Adviser to frame a uniform policy in cases where drivers are convicted under Section 304-A.

At present, CTU drivers, against whom cases are registered for rash and negligent driving under Sections 279, 337, 338 and 304-A IPC in case of an accident and are subsequently convicted, departmental proceedings are initiated parallelly against them, followed by passing of disciplinary action against them.

In case of conviction under Section 304-A, orders of dismissal are passed against the delinquent drivers while exercising the powers under Article 311(2) of the Constitution of India.

According to the draft policy, the disciplinary authority will consider or keep in mind various parameters or guidelines while deciding the conduct of the employee before passing punishment orders in all accident cases against drivers where FIR has been registered under the section.

As per the draft, the disciplinary authority should notify the speed limit to be adhered to by the driver and mention any violation of the notification in the event of an accident in its report. Speed limit of the bus at the time of accident should be considered while deciding the conduct of the driver and the same be made part of the evidence in every accident report.

Similarly, the CCTV footage must be taken in every accident case, which is a conclusive and decisive piece of evidence, and the same be made part of the report. The authority should consider the nature and manner in which the accident had taken place.

Further, the disciplinary authority should peruse the judgment passed by the trial court, appellate court, etc. before passing the order of dismissal, removal and compulsory retirement or any other lesser penalty that could be imposed under the given circumstances.

Whether the driver was intoxicated or not at the time of accident due to which the accident occurred should be duly checked by the accident committee members visiting the scene of accident and the same be mentioned in their accident committee report.

Further, the statement of passengers, videography of the accident scene along with the bus involved and the statement of conductor should be made part of the accident report, it says.

Whether the accident of bus occurred due to natural calamities or not should be specifically mentioned in every report. It should also be specified whether the official is a habitual offender of causing accidents or not, which includes past history, length of service, etc. The same should be recorded by the disciplinary authority in the punishment order.

The service record and conduct of the driver till the date of conviction should be considered and mentioned in the punishment order, it says.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.