RISHI DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) VINEY Mittal, J: - 1. Whether a driver employed with the State Transport Undertaking and having been convicted for criminal rashness and negligence for causing an accident is entitled to reinstatement after suffering the entire sentence? This question has been raised by Petitioner, Rishi Dev, in the present petition.

(2.) PETITIONER , Rishi Dev, was employed as a driver with Haryana Roadways. While working in the aforesaid capacity on December 6, 1990 and while driving a bus of Haryana Roadways an accident was caused by him at Transport Chowk, Chandigarh. As a result of the aforesaid accident, two persons died. A criminal case under Sections 279/304 -A of the Indian Penal Code was registered against the Petitioner vide FIR No. 427 dated December 26, 1996, Police Station East, Chandigarh. The Petitioner was tried for the aforesaid offences and was ultimately convicted by the learned trial Magistrate vide judgment dated July 18, 1995. He was convicted and sentenced to undergo R.l. for two years and to pay a fine of Rs. 2000/ -. The appeal filed by the Petitioner also failed before the learned Sessions Judge, Chandigarh. However, this Court on a revision filed by the Petitioner upheld his conviction but reduced the sentence to nine months. Accordingly, the Petitioner underwent the aforesaid sentence and was ultimately released from Jail on March 30, 1999.

(3.) THE claim of the Petitioner has been contested by the Respondents. The facts noticed in the order Annexure P/7 have been reasserted. It has been maintained by the respondents that since the Petitioner had been convicted of criminal negligence in driving a bus by the criminal court and the aforesaid conviction had been upheld upto this Court, therefore, the Petitioner could not be taken back in service even after suffering the entire sentence.