K SIVAKUMAR Vs. ASSISTANT EXECUTIVE ENGINEER AG ENGG

JUDGEMENT

(1.) THE petitioner was working as Heavy Vehicle Driver in the office of the respondent. It is stated that on 14.10.1995, a 20 Ton MAC Truck Trailor bearing Registration No.TN09-D-5300 attached to the respondent office was returning from Walajabad after unloading the Bulldozer at Avanoor. While proceeding to Sunguvar Chattram, nearby a village at Walajabad, a cyclist with a pillion rider proceeding in the same direction, dashed the truck while passing through a narrow bridge. Due to the accident, the cyclist died and the pillion rider sustained injuries. THE Inspector of Police, Law and Order, Walajabad investigated the accident and sent the F.I.R. on 15.10.1995. THE legal heirs of the deceased filed a petition in M.C.O.P.No.408 of 1995 and the pillion rider filed a petition in M.C.O.P.No.409 of 1995 before the Motor Accident Claims Tribunal. It is stated that the petitioner was not aware of the filing of the cases before the Motor Accident Claims Tribunal. THE Motor Accident Claims Tribunal awarded a sum of Rs.4,07,962/- in both the cases as compensation. THE respondent also complied with the order and deposited the said sum of Rs.4,07,962/- before the Sub-Court, Kancheepuram on 07.01.2000.

(2.) IN the meantime, a charge memo dated 09.12.1998 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was issued to the petitioner by the respondent stating that the petitioner was responsible for the accident and he only drove the vehicle rashly and negligently and sought his explanation on the charges. The petitioner gave his explanation on 22.12.1998 denying the charges levelled against him.

(3.) THE respondent filed reply affidavit refuting the allegations made by the petitioner.