BANI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant writ petition the petitioner has challenged the order dated 04.03.1993 dismissing the petitioner from service and the order dated 16.06.1993 of the appellate authority dismissing the appeal preferred by the petitioner.

(2.) THE petitioner was employed as a Head Constable (Driver) in the CISF and was attached in the unit at Rihand Nagar, Uttar Pradesh in the year 1980. On 13.08.1992 the 1 ton vehicle driven by the petitioner in which jawans of CISF W.P. (C) No.4496/1993 Page 1 of 8 were being transported met with an accident resulting in the death of one HC G.D.Singh, a passenger in the vehicle and injuries to other unit personnel.

(3.) IGNORING the testimony of the prosecution witnesses who were not eye witnesses, we may briefly note the testimony of such witnesses who claimed to have witnessed the incident. ASI Ramesh Singh PW-5, deposed that on 13.08.1992 he along with other officers was travelling in a CISF truck No.UHA-4441, driven by the petitioner. That the petitioner was driving rashly and despite being told to slow down, continued speeding unnecessarily. The officers were being dropped at their respective stops. He stated that at Intech Watch Post the truck stopped with a screech at about 6- 7 meters away from the stop. Thereafter the driver detoured and sped straight into a temporary township area. Once again he i.e PW-5 told the petitioner to slow down but the petitioner ignored his suggestion and assured him that he was capable of driving at this speed since he was appointed at the fire brigade station earlier. On a turn in the temporary township area, the petitioner suddenly applied breaks due to which the truck tilted and overturned. He suffered a fracture in the arm and several others were seriously injured. In his cross examination he stated that the truck was running at 60-70 km/hr when last checked by him on the speedometer.