BHAG MAL Vs. H.R.T.C.

JUDGEMENT

(1.) THE Petitioner has prayed quashing of office order dated 28.9.2001 Annexure A -3 which has merged in the office order dated 8.7.2002 Annexure A -7 with all consequential benefits including interest at the rate of 18% per annum on the amount due. It has also been prayed that the reduction in pay of the Petitioner is also null and void.

(2.) THE facts in brief are that the Petitioner on 22.7.1999 was on duty as driver on bus No. HIS -1721 from Kiari to Shimla which met with an accident at Kotiwani due to collapsing of breast wall of the road. The Petitioner was suspended and in the departmental inquiry he was held guilty of dereliction of duty. He submitted reply on 8.2.2001. The Respondent No. 2 vide office order dated 28.9.2001 Annexure A -3 imposed penalty of reduction of pay to the minimum of the pay scale. The Petitioner filed appeal against the penalty order dated 28.9.2001

(3.) THE Respondent No. 2 vide order dated 14.12.2001 directed the Petitioner to deposit a sum of Rs. 3,47,000/ - with interest. The Petitioner filed O.A. No. 8 of 2002 before the erstwhile Tribunal against the recovery which was stayed on 7.1.2002.