SATPAL SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the validity of order of disciplinary authority dated 10.05.1993 and appellate authority's order dated 02.06.1995 vide Annexure P7 and Annexure P9 respectively.

(2.) Petitioner on 13.03.1987 while working as a Driver of bus bearing No. 2135, which he was driving at Ellenabad to Yamunanagar route, met with an accident against a tree which resulted in damages to the bus and huge loss has been caused to Haryana Roadways Corporation. Arising out of this incident, the petitioner was charge-sheeted under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 195 In fact the relevant provision of law applicable to the petitioner is Haryana Civil Services (Punishment and Appeal) Rules, 1987. The disciplinary authority after perusal of the enquiry officer's report has come to the conclusion that the petitioner was found guilty for the accident. Thus, his services were terminated after following procedures like issuance of 2nd show cause notice and receipt of reply to the 2nd show cause notice. Feeling aggrieved by the order of disciplinary authority dated 10.05.1993, petitioner preferred an appeal before the appellate authority under Rule 9 of the Appeal Rules on 16.06.1993 vide Annexure P8. The appellate authority while concurring with the disciplinary authority rejected the petitioner's appeal. Hence, the present petition.

(3.) Learned counsel for the petitioner submitted that both the disciplinary and appellate authority have not appreciated facts that there is no negligence by the petitioner in respect of accident took place on 101987. In this regard, the petitioner has submitted detailed reply to the 2nd show cause notice. However, the same has not been appreciated by the disciplinary authority and the disciplinary authority accepted the inquiring officer's report and proceeded to pass order of termination. It was further contended that a very detailed reply has been filed under Rule 9 of the appeal Rules. However, the appellate authority has not even considered single contention as is evident from the appellate authority's order dated 21.06.1995. The appellate authority is required to consider petitioner's appeal under Rule 11 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 which reads as under :-