PUSHKAR CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri Lok Pal Singh, the learned counsel for the petitioner and Shri K.P. Upadhyaya, the learned Addl. C.S.C. for the respondents.

(2.) The petitioner was appointed as a Constable Driver and, while driving a government vehicle, fell in a ditch near Bhujia Ghata on Nainital-Haldwani road in which he was injured and his companion who was also an employee in the police department was also injured. The Govt. vehicle was badly damaged. A first information report was lodged and a domestic inquiry was also initiated against the petitioner. The charge against the petitioner was that he was driving in an intoxicated state of mind. The charge was proved by the Inquiry Officer and, based on the inquiry report and, the reply to the show cause notice, the petitioner was removed from the services. The petitioner, being aggrieved, filed a claim application before the Public Service Tribunal.

(3.) The Public Service Tribunal, by an order dated 21st October, 2003 held that the charge against the petitioner could not be proved by the department and further found that the petitioner was also acquitted in the criminal proceedings initiated against him. The Tribunal also held that barring two incidents in which the petitioner was involved in an accident, his previous conduct was satisfactory and, therefore, the Tribunal set aside the order of the removal subject to the condition that the petitioner would not be entitled for payment of salary from the date of his removal from the service till the date of his reinstatement. The petitioner, being aggrieved by this part of the order, has filed the present writ petition praying that the salary for the period 26th May, 1992 to 12th December, 2003 be awarded.