STATE OF PUNJAB Vs. KASHMIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Heard counsel for the parties.

(3.) The respondent was a driver in the service of the Punjab Roadways, Jallandhar. There was an accident of the bus he was driving on 2/7/1986. A number of passengers were injured and the bus damaged. An FIR was issued against the respondent under Section 304-A of the Indian Penal Code and certain other provisions. He was also suspended pending enquiry. A memo of charges was issued to him proposing to hold a disciplinary enquiry on the charge of causing loss to the Corporation by driving the bus rashly and negligently. An Inquiry Officer, Shri R. S. Sharma, was appointed. While the proceedings were pending before the Inquiry Officer, the criminal court acquitted the respondent under its judgment and order dated 19-10-1988. After perusing the judgment of the criminal court, a fresh disciplinary enquiry was ordered against the respondent for which purpose a different Inquiry Officer was appointed. The disciplinary enquiry was accordingly held and on the basis of the report of the Inquiry Officer the respondent was found guilty of the charges and dismissed from service.