SUNIL PANWAR Vs. PUBLIC SERVICES TRIBUNAL, UTTARAKHAND

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari to set aside the judgment and order dated 07.12.2018 passed by the Public Services Tribunal, Uttarakhand at Dehradun (hereinafter referred to as, "Tribunal") in Claim Petition No.46/SB/2018, "Sunil Panwar vs. State of Uttarakhand and others" along with order dated 14.10.2020 in Review Application No.06/SB/2020, order dated 21.06.2017 passed by the respondent no.4 and order dated 06.02.2018 passed by the respondent no.3.

(2.) In order to appreciate the issues involved in this writ petition, the relevant facts need mentioned infra.

(3.) The facts, to the limited extent necessary, are that the petitioner is a Sub-Inspector in civil police in the Uttarakhand Police. In the year, 2016, when the petitioner was posted at Police Station Sahaspur, a Case Crime No.180 of 2016 under Section 279 and Section 338 I.P.C. was registered against unknown driver of the motorcycle, bearing registration number HP17A-5663. The investigation was handed over to the petitioner. The accused was arrested on 09.08.2016 and the technical inspection of the said vehicle was conducted on 21.08.2016. The petitioner was transferred from the Police Station Sahaspur to the Police Station Vikasnagar on 07.10.2016. The petitioner was Investigating Officer of that case till 07.10.2016, but, during this period, he never attempted to record the statements of the informant, his injured mother and the doctor, whereas, the F.I.R. disclosed that the treatment of the injured, mother of the informant, was going on in Mahant Indresh Hospital. The injured died on the next day of the incident. But, the petitioner did not add the relevant Section 304A I.P.C.