KAMLA DEVI Vs. HARYANA STATE

JUDGEMENT

(1.) CAN an employee, who has retired and has died during the pendency of his suit, be awarded a punishment of reduction to minimum in the pay scale is a question of substance requiring consideration in this case.

(2.) HAWA Singh was working as a Driver in the Haryana Roadways on 22.10.1995. He was detailed for duty on Bus No.HR31-3713. This Bus met with an accident with a tractor-trolley. One Tara Chand died in this accident. The plaintiff would claim that he being Driver was not negligent at all, yet the relatives of deceased Tara Chand got a false case registered against him under Sections 279, 304-A IPC on 22.10.1995. A claim petition was also filed which led to an award of Rs.2,83,500/-in favour of the L.Rs. of deceased Tara Chand. Besides, the late employee was charge sheeted by the Department and enquiry was initiated against him. After conclusion of the enquiry, the impugned order reducing the appellant in the minimum pay scale of Driver was passed on 29.11.2002, which the appellants would term to be illegal and without authority.

(3.) THE appellant would also point out that while responding to the claim petition, the Department had clearly pleaded that the deceased employee was not negligent in driving the vehicle. Another significant fact which may need notice is that the plaintiff was acquitted by the criminal court for the alleged offences against him under Sections 279 and 304-A IPC.