VED PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was a Driver in the office of the Executive Engineer, PWD (Public Health), Palwal. While driving the official Jeep he met with an accident on 22.08.1991 in which a child died. FIRs No.147 to 150 of 1991 were registered against several including the petitioner.

(2.) The petitioner was convicted under Section 304-A IPC vide order dated 01.08.1997 by the Judicial Magistrate, Ist Class, Palwal and sentenced to undergo imprisonment for one year and nine months. His appeal to Sessions Court was dismissed on 06.09.1997. His Criminal Revision before this Court met with the same state on 04.02.2000. On account of conviction in a criminal case, the petitioner was dismissed from service under Rule 4(2) x of Haryana Civil Services (Punishment and Appeal) Rules, 1987 vide order dated 11.08.2000 w.e.f. 04.02.2000 the date when the petitioner's appeal was dismissed by the Additional Sessions Judge, Faridabad. Since the appeal was not decided the petitioner approached this Court through CWP No.1600 of 2004 which was disposed of on 25.08.2005 with a direction to the respondents to decide the appeal within three months. He made representation claiming reinstatement. The Appellate Authority in the process of deciding the appeal fell upon an order passed by the then Chief Engineer dated 24.4.2002 in departmental appeal dated 27.11.2001 filed by the petitioner and discovered that even prior to the order dated 25.08.2005 i.e. the date when this Court dismissed CWP No.1600 of 2004 the punishment orer was set aside. The Chief Engineer is stated to have passed the following order:-

(3.) Since the punishment order was set aside, the Superintending Engineer, PWD Public Health Circle, Rewari was asked to decide the case on merits. The appellate authority then passed the order dated 07.12.2007.