CWP(T) No. 7143 of 2008 06.10.2010 Present: Mr. Digvijay Singh, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents. There is no dispute that in relation to an accident which took place on 9.2.1995 petitioner was acquitted by the Court of Additional Chief Judicial Magistrate, Court No. 1, Mandi, Distt. Mandi, H.P. in Case No. 206-II of 1995, decided on 17.8.1999. It also cannot be disputed that claimants had filed a claim petition in which the respondents alone had arrived at a compromise before the Lok Adalat and agreed to pay Rs. 12,000/- to the claimants. 2. With relation to the very same accident disciplinary proceedings were initiated against the petitioner. Undisputedly petitioner was served with the charge sheet to which he replied denying his negligence in driving the vehicle. Without holding a proper inquiry respondents issued the impugned orders (Annexure PE and PF dated 28.8.1999 and 20.12.1999 respectively) imposing penalty of Rs. 12,000/-. 3. He was acquitted by the Court adjudicating criminal prosecution. No doubt in the reply petitioner has mentioned that it was a case of contributory negligence but this cannot be taken to be an admission of his guilt in clear and unambiguous terms. The inquiry proceedings were not concluded holding petitioner guilty of misconduct. Consequently impugned action of the respondents in imposing penalty of Rs. 12,000/- is illegal and bad in law and -2- accordingly needs to be quashed. Annexures PE and PF stand quashed. 4. With respect to prayer (b) petitioner submits that he be permitted to make a detailed representation to the respondents. Liberty granted. 5. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. October 6, 2010 (PK)