' This appeal emanates from the decision, dated 18th June, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 8, Bahawalpur, whereby the grievance petition of the appellant for his re-instatement in service was dismissed.
2. The appellant was a bus driver. An accident took place on 8th November, 1974 at a distance of three miles towards Kabirwala side, when the appellant tried to overtake a truck going ahead of the bus. The side of the bus struck against the right side of the truck and going down from the road struck against a tree towards the right side. As a result of the accident six passengers were injured and damage was caused to the bus resulting in the loss of Rs, 82,938. The enquiry was not properly made. On 9th August, 1975 the statement of one prosecution witness was recorded. Some prosecution evidence and the statement of defence witness was recorded on 18th August, 1975.
Thereafter, the Enquiry Officer was changed for the reasons not known and the second Enquiry Officer recorded the statement of one more prosecution witness on 22nd August, 1975. On 6th September, 1975 the statement of the appellant was recorded. The second Enquiry Officer relied upon the evidence not recorded by him but by the previous Enquiry Officer. He should have made de novo enquiry.
3. As a result of the observations made above, I accept the appeal and setting aside the impugned decision of the learned lower Court and the order of dismissal, direct the re-instatement of the appellant in service. Since the appellant has succeeded on account of technical defect in the enquiry, he is not entitled to back benefits.