C.W.P. No. 16532 of 2003 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 16532 of 2003 Date of Decision: Aug. 8, 2011 Tarsem Singh ........................................... Petitioner Versus The State of Punjab and others ............... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mrs. Shashi Ghuman, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. ... RITU BAHRI, J. (Oral) The petitioner was serving as a Driver in the respondent department and was terminated from service on 7.10.2003 on account of his conviction under Sections 279 and 304-A IPC by the trial Court as well as the lower Appellate Court. Against the above said conviction orders, the petitioner has approached this Court by filing Criminal Revision No. 2260 of 2002. Challenge in this petition is to the order of C.W.P. No. 16532 of 2003 [ 2 ] termination dated 7.10.2003 (Annexure P-6) on account of conviction in the accident by the trial Court. On 14.5.2009 this writ petition was adjourned sine die with liberty to the petitioner to seek re-listing of the case on disposal of the revision petition. This Court on 9.2.2010 allowed the aforesaid criminal revision filed by the petitioner and the petitioner has been acquitted of the charges framed against him. By passing judgment dated 9.2.2010 (Annexure P-10) this Court has come to the conclusion that the accident was not due to rash and negligent driving of the accused driver. The driver of the car admitted that the accident took place at the central crossing and the bus was on the correct side of the road when the accident took place. As per the photographs available on the file, the accident took place due to contributory negligence on account of the car driver and the bus driver. Taking it to be a case of contributory negligence the petitioner has been acquitted of the charges framed against him. The State has gone in SLP in Supreme Court against this decision and the Supreme Court vide order dated 25.4.2011 has affirmed the judgment of this Court and the SLP has been dismissed (Annexure P-12). Once it has finally held that the accident has taken place due to contributory negligence of the bus driver and the car driver, the petitioner cannot be penalised by dismissing him from service. Petitioner has joined as Driver C.W.P. No. 16532 of 2003 [ 3 ] with the department in the year 1987 and he was not involved in any accident except the one referred to above. After the accident took place on 27.8.1995 till the date of his termination i.e. 7.10.2003 he has been performing his duties as a Driver and no untoward incident has taken place during these 8 years period. Writ petition is allowed. The order dated 7.10.2003 (Annexure P6) is set aside. Petitioner is entitled to all consequential benefits. 8.8.2011 ( RITU BAHRI ) Rupi JUDGE