INDER SINGH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) With the consent of counsel for the parties, the main case is taken on Board today itself.

(2.) Prayer made in the present petition filed under Articles 226/227 of the Constitution of India is for issuance of writ of Certiorari quashing the impugned order dated 30.10.1990 (Annexures P-4) whereby service of the petitioner was terminated on account of accident which took place due to his rash and negligent driving in which one Gurbinder Singh died. The appeal filed by the employee was also dismissed vide order dated 28.9.1992 (Annexure P-5) which is also the subject matter of the present writ petition.

(3.) In the written statement filed on behalf of respondents, it has been pleaded that the Motor Accident Claims Tribunal, Kurukshetra found the petitioner Inder Singh to be rash and negligent while driving the bus and awarded a sum of Rs. 2,13,000/- along with interest @ 15% from the date of filing of petition till its realisation and the State of Haryana had to pay the entire awarded amount on the principle of vicarious liability. An enquiry had also been initiated against the deceased employee to the same effect on the basis of which, the termination order was passed.