STATE OF PUNJAB AND ANOTHER Vs. JASWINDER SINGH

JUDGEMENT

(1.) Respondent had filed suit for declaration challenging the order dated 30.05.2008, whereby his three annual increments were stopped with commutative effect and the order dated 27.07.2010, whereby his appeal was dismissed by the Appellate Authority.

(2.) Case of the respondent, in brief, was that he was working as a Driver with the Punjab Roadways. On 05.11.2003, a scootrist struck against the bus No. PB-12-AO- 9724 from behind while the bus was parked on the road (on account of break down). The respondent was on duty on the said bus as a Driver. Due to the accident, pillion rider suffered injuries and later died. The legal representatives of the deceased filed a claim petition and the same was allowed by the Motor Accident Claims Tribunal. The claimants were allowed compensation to the tune of Rs. 2,92,621/- along with interest. On the basis of the said award, charge-sheet dated 10.08.2005 was issued to the respondent. Respondent submitted his reply to the charge-sheet. However, the Inquiry Officer held that the charges levelled against the respondent were proved. Report of the Inquiry Officer was based on no evidence. The punishing authority, relying on the inquiry report, passed the punishment order and the same was upheld by the Appellate Authority. Hence, the suit was filed.

(3.) Defendants in their written statement averred that the impugned orders had been passed after following the due procedure of law.