HRTC Vs. SARSWATI DEVI

JUDGEMENT

(1.) The petitioners through this petition have assailed order dated 7.7.2000, Annexure P -7 passed by Tribunal in OA No. 1529/91, whereby the Tribunal allowed the Original Application and quashed Annexure - PB, penalty of removal from service by the Disciplinary Authority imposed upon deceased driver Satpal and Annexure -PA dated 26.8.1991 communication dismissing the appeal filed by deceased driver against penalty.

(2.) The facts in brief are that one Satpal the predecessor of respondents was working as driver in the petitioner No. -1 -Corporation. He was charge -sheeted for various acts of omissions and commission. The case against Satpal was that while on the roll of the Corporation and functioning as driver, he caused late departure of Mandi -Rohanda bus service No. HPM -879 on 22.3.1983 by one hour thereby put the traveling public to great in -convenience. The further case against him was that while on the rolls of the Corporation on the relevant date he took alcohol during duty hours and therefore, violated Rule 2 (b) of the CCS (conduct) Rules 1964. Satpal filed reply to the charge -sheet and pleaded not guilty. The Corporation conducted an inquiry. The Enquiry Officer submitted inquiry report to the Disciplinary Authority holding delinquent official guilty under both the charges. The Disciplinary Authority issued a show cause notice to the delinquent official why penalty of removal from service be not imposed on him. After receipt of the reply of the delinquent official, the Disciplinary Authority imposed penalty of removal from service on 3.5.1990 with immediate effect. Satpal filed an appeal to the Appellate Authority which was rejected and rejection of the appeal was communicated to him.

(3.) Satpal filed an Original Application before Tribunal for quashing the order of removal from service and also the order rejecting his appeal. During the pendency of Original Application Satpal, driver died and the respondents were brought on record as legal representatives of original applicant. The Original Application was allowed by Tribunal vide order dated 7.7.2000, Annexure P -7. The Tribunal held that delinquent official would be deemed to be on duty till his death and the respondents would be entitled for every benefit including financial ones as are admissible in accordance with the rules.