A VARATHARAJAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner entered into service as Grade-II Police Constable on 16.04.1997. He was also entrusted with the duty of a driver. On 12.4.2005, he drove the van of his Depart-ment bearing registration No. TN -16-C-0085, taking the Bomb Detection and Disposal Squad from Ariyalur to T. Pazalur. While so, the van involved in an accident with a two wheeler, resulting in the death of the rider of the two wheeler. The peti-tioner took the victim to the hospital and got him admitted. Though treatment was given to the victim for ten days, he suc-cumbed to death. Hence, a criminal case was registered in Crime No. 88/2005 under Sections 279, 338 and 304A IPC.

(2.) The third respondent took departmen-tal action against the petitioner on the same set of facts. It was alleged that the petitioner drove the van rashly and negligently and caused the accident. The petitioner denied the charges alleged against him. Thereaf-ter, an enquiry was conducted. Based on the findings of the Enquiry Officer, the third respondent passed an order dated 29.9.2008 imposing the punishment of reduction in the time scale of pay by one stage for a period of one year without cumulative effect.

(3.) Against the said order dated 29.9.2008, the petitioner filed an appeal dated 17.10.2008 before the second respondent. However, the second respondent passed an order dated 28.11.2008, confirming the punishment imposed by the third respon-dent.