JOGINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This letters patent appeal is directed against the order dated 22.8.2012 whereby the learned single Judge has dismissed the appellant's writ petition challenging the order dated 11.11.2011 of his compulsorily retirement from service. The appellant was working as a driver in the Punjab Roadways. He caused an accident on 14.06.2010 hitting a private truck in which three passengers lost their lives while 15 others injured. The appellant was served with a charge-sheet on 12.10.2010 alleging that he was driving the bus at a fast speed and in a rash and negligent manner due to which the accident was caused. The Inquiry Officer, however, exonerated the appellant holding that there was a mechanical fault in the bus and the appellant got it repaired before departing from Delhi to Jammu.

(2.) The Disciplinary Authority, however, did not accept the enquiry report and wrote the following dissenting note:--

(3.) The dissenting note was duly served upon the appellant. His reply to the show-cause notice was considered. Thereafter, he was ordered to compulsorily retire from service as a measure of punishment. The appellant preferred departmental appeal which was also turned down by the Appellate Authority by passing a speaking order in accordance with the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as '1970 rules').