D NAGARAJAN Vs. ASSISTANT COMMISSIONER COMMERCIAL TAXES ENFORCEMENT

JUDGEMENT

(1.) THE petitioner was working as Driver in the office of the respondent. While he drove the van belonging to the office of the respondent on 19.10.1991, the van involved in an accident with a cyclist in Tiruvallur District. Due to the accident, the cyclist died. It is admitted that no criminal case was filed relating to the accident. THE legal heirs of the deceased filed a petition in M.C.O.P.No.427 of 1991 before the Sub-Court, Motor Accident Claims Tribunal, Tiruvallur, claiming compensation. THE Tribunal passed an order dated 29.12.1995 awarding a sum of Rs.60,000/- to the claimants, along with 15% interest. THE respondent also complied with the order and paid a sum of Rs.1,05,420.50 to the claimants.

(2.) WHILE so, the respondent issued a charge memo dated 06.09.1996 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules stating that the petitioner was responsible for the accident and he only drove the vehicle rashly and negligently.

(3.) HENCE the petitioner filed Original Application in O.A.No.3118 of 2000 before the Tamil Nadu Administrative Tribunal praying to quash the aforesaid order dated 29.02.2000 of the respondent.