AMAR NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMAR Nath was driver in Haryana Roadways, Ambala Depot. On 18.1.1992, he was on duty in bus No. HNX 3045 belonging to the Haryana Roadways, Ambala Depot. The but met with accident with truck No.PB -1 IB -5045. Case FIR No. 15 dated 16.1.1992 was registered against him under Sections 279/337 IPC at PS Shahbad. Bus was damaged. Departmental inquiry was held against him on the following charge : -

(2.) AS a result of the departmental inquiry the charge was found proved against him and he was found responsible to have caused loss to the vehicle which amounted to Rs. 15,285/ - because of its being driven by him rashly and negligently. Amar Nath filed suit for declaration against the State of Haryana to the effect that the order dated 30.9.93 passed by General Manager, Haryana Roadways, Ambala Depot whereby he had been directed to pay a sum of Rs. 15,285/ - as damages to the Haryana Roadways was illegal, null and void, with consequential relief of mandatory injunction directing the General Manager, Haryana Roadways, Ambala Depot to release full salary to him without any deduction therefrom on account of the said recovery having been imposed upon him. It was alleged in the plaint that he was not given opportunity of being heard. He was not at all negligent and rash in the driving of the bus. In fact, it was the driver of the truck who was rash and negligent in driving the truck and was responsible for this accident resulting in damage to the bus. Damage to the bus was much less but he had been called upon to pay more. Punishment imposed upon him was too severe and grossly disproportionate to the gravity of the charge. No legal evidence was produced before the inquiry officer. He was not allowed to cross examine the witnesses produced in the inquiry by the department. He was not allowed to lead evidence in defence.

(3.) DEFENDANT -State of Haryana contested the suit of the plaintiff. It was urged that all the formalities which are required to be observed were observed in the inquiry. It was after the punishing authority had found him rash and negligent that he was punished with the imposition of the penalty to the tune of Rs. 15,285/ -. It was also urged that the suit is premature inasmuch as he has filed appeal before the State Transport Commissioner which is pending. On the pleadings of the parties, the following issues were framed : -