JAI SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The writ petition was filed by late Jai Singh, who was the driver of the Haryana Roadways under the 3rd Respondent. The 3rd Respondent having found that the deceased-Petitioner disobeyed the office orders to take the bus through bypass road surrounding Shamli city, terminated him from service. The deceased-Petitioner preferred an appeal before the State Transport Commissioner, Haryana, Chandigarh, Respondent No. 2, who chose to dismiss the same. Challenging the impugned orders, passed by the 2nd Respondent and 3rd Respondent, the present writ petition has been filed,

(2.) Jai Singh, who originally filed the present writ petition, unfortunately passed away, as a result of which, the legal representative has now come on record to pursue the instant writ petition.

(3.) Jai Singh, deceased-Petitioner faced the following two charges before the Inquiry Officer appointed by the 3rd Respondent; (i)that on 02.08.1986 while on duty on bus No. 3659 on Karnal Shamli Route took the same inside the city instead of via bypass road violating the office orders. The bus also met with an accident near Karnal-Kalindri Gate, in which one cyclist was killed. Jai Singh, Petitioner left the bus on the site of the accident and ran away, (ii) that Jai Singh, Petitioner remained absent from duty w.e.f. 03.08.1986 to 06.08.1986, without furnishing any leave application and thereby showed indiscipline of the highest order.