BRIJ LAL Vs. H.R.T.C.

JUDGEMENT

(1.) BY way of this common judgment CWPs No. 705 of 2001 and 598 of 2002 are disposed of together since common questions of law and facts are involved in these petitions.

(2.) THE brief facts necessary for the adjudication of this petition are that the petitioner in CWP No. 598 of 2002 was appointed as driver on regular basis in the Himachal Road Transport Corporation on 12 -4 -1985. He was charge -sheeted and departmental inquiry was initiated against him under Rule CGS (CC&A) Rules, 1965. The Articles of charges "annexure P -1" dated 17 -11 -1994 reads thus:

(3.) AGAINST the order dated 5 -1 -2001 passed by the learned H.P. Administrative Tribunal In O.A. No. (M) 13 of 1999 the HRTC has filed the civii writ petition bearing No. CWP 705/01 and the petitioner has filed CWP No. 598 of 2002. In CWP No. 705 of 2001 the petitioner had primarily contended that the order passed by the Tribunal dated 5 -1 -2001 is not sustainable in the eyes of the law. Mr. Ashok Sharma also contended that the Tribunal had come to wrong conclusion that the penalty of removal imposed upon the petitioner was disproportionate. The principal submission of the petitioner In CWP Mo. 598 of 2002 is that the petitioner should have been granted all the consequential benefits after the order dated 1 -7 -1998 was quashed and set -aside by the Tribunal, it is in this background that we have to decide the writ petitions bearing CWPs No. 705 of 2001 and 598 of 2002.