GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was working as a driver with the Haryana Roadways. On September 3, 1994 there was an accident in which one Kharaiti Lal was killed. A criminal case was registered. The petitioner was acquitted by the Court of Chief Judicial Magistrate, Karnal. Simultaneously there was a claim for compensation on account of the death of Kharaiti Lal. The Motor Accidents Claims Tribhunal found that the death had occurred because of the rash and negligent driving of the bus in question by respondent No. 3. The petitioner was the third respondent before the Tribunal. Thereafter departmental proceedings were initiated against the petitioner. The charge of negligent driving was proved. Vide order dated January 13, 1997 the petitioner was ordered to be removed from service. He filed an appeal. The Appellate Authority having rejected it, he has approached this Court through the present writ petition.

(2.) Mr. Nagar, learned counsel for the petitioner, has contended that the order passed by the Appellate Authority is vitiated as it has taken into consideration the past record of service. Secondly, it has been contended that the accident had occurred on account of the failure of the brakes and not because of any negligence on the part of the petitioner. Consequently, the impugned action cannot be sustained.

(3.) A perusal of the order passed by the Appellate Authority indicates that the appeal ha been dismissed inter alia with the following observations :-