GULSHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Aggrieved by the dismissal of his writ petition, the appellant has filed the instant Letters Patent Appeal.

(2.) Brief facts giving rise to the filing of the present appeal are that the appellant was deputed to drive the departmental vehicle from Shimla to Kalka. According to the appellant, when he was coming back to Shimla, he got down from the vehicle and was overpowered by some unknown persons. Such persons drugged him and when he regained consciousness, he found himself at his residence on 06.10.2004. Whereas, the fact of the matter is that the vehicle of the appellant had met with an accident on the evening of the same day at Kachighati, Shimla, causing loss to the tune of Rs.59,190/-. But, the appellant neither reported the matter to the police nor apprised the department. This led initiation of departmental proceedings against appellant for which he was served a memorandum under Rule 14 of CCS(CCA) Rules, 1965 dated 02.12.2004. The appellant filed a detailed reply to the same dated 10.12.2004.

(3.) The Inquiry Officer was appointed, who submitted his report to the Disciplinary Authority. The Inquiry Officer gave findings that the delinquent official drove the vehicle in a negligent manner, resulting in accident on 05.10.2004 and the version put forth by the appellant that some unidentified persons had drugged him and thereafter dropped him at his residence was not accepted by the Inquiry Officer.