C.W.P. No. 4770 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P. No. 4770 of 2008 Date of decision : 25.3.2008. ... Rameshwar Dass ................ Petitioner vs. State of Haryana and others .................Respondents Coram: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice K.C. Puri Present: Sh.S.K. Sharma Budhladawale, Advocate for the petitioner ... Jasbir Singh, J. (Oral) By filing this writ petition, petitioner has laid challenge to order dated 5.10.1999 (Annexure P-5), vide which, after departmental enquiry, his service was terminated. The petitioner has also laid challenge to order dated 16.4.2001 (Annexure P-6), vide which his appeal was dismissed. It is apparent from the records that petitioner was on duty on bus No.HR-03-8681 and was going from Kalka to Baijnath. He caused an accident, which resulted into death of one child aged about 7 years and more than 10 passengers were injured. Petitioner also suffered injuries. A criminal case was registered against him. During pendency of the same, departmental enquiry was also initiated against C.W.P. No. 4770 of 2008 -2- the petitioner. Charge sheet was issued to him. His reply was found to be unsatisfactory. Enquiry Officer was appointed to look into the charges levelled against the petitioner. Petitioner participated in the enquiry proceedings and on conclusion of the same, report was submitted by the Enquiry Officer on 2.1.1998, wherein it was stated that charges have been proved against the petitioner. Matter went to the punishing authority. Show cause notice was issued to him as per norms. Petitioner filed reply to the same. While passing the impugned order (Annexure P-5), the punishing authority also looked into his past record and ultimately order terminating his service was passed. The relevant portion of the order reads thus:- “On perusal of the file, it has been found that a passenger had given the statement that after crossing Bagli, the bus driver was driving the bus in the neutral. About 1 Km. Before reaching Dhaliara, when the driver tried to start the bus, it did not start when the driver tried to put it into the gear, the gear did not work and the bus rolled down and took three turns. Sh. Amrit Ram supervisor visited the site or the accident and he has also made clear in his statement that the driver was driving the bus in neutral and the version of the driver that brakes failed to work and the pressure was below 5- is false and baseless because when the driver himself has said that pressure was less than 5, it is clear that air pressure was more than 4 and whereas brakes of vehicle work when pressure is 4 and the driver carelessly did not concentrate on the air C.W.P. No. 4770 of 2008 -3- pressure. Because of his negligence, a girl died and 10 passengers were seriously injured in the accident and the whole body of the bus got damaged. I personally heard the official dated 1.10.1999, but he said nothing in his defence, meaning thereby that the failed to produce any proof to prove his innocence. I have gone carefully enquiry into the enquiry file as well as the inquiry report. The official while driving the bus in the hilly area of Kalka- Baijnath route has caused accident by driving the bus in the neutral on account of which, a passenger died and 10 passengers were seriously injured and he is responsible for causing financial loss to the department, as body of the bus got damaged. As per the record of the supervisor, Kalka. The official was absent from duty for the periods 14.5.1999 to 23.5.1999, 30.6.1999 to 14.7.1999 and 29.7.1999 onwards till today. An official who carelessly caused the accident while on duty and remained absent from duty, it will not be in the interest of department/public interest to retain such employee. Retention of such employee in government service is not in the interest of service. Accordingly, services of Sh. Rameshwar Dass driver No. 134 are terminated with immediate effect and his period of suspension is confined to subsistence allowance only which has already been paid to him.” Petitioner went in appeal, which was dismissed on 16.4.2001 C.W.P. No. 4770 of 2008 -4- (Annexure P-6). Petitioner kept mum, remained satisfied, never challenged the abovesaid orders. Thereafter he was acquitted by the Criminal Court on 13.9.2004. Even then he continued to sleep over the matter and has filed this writ petition after a gap of about more than 7 years from the date of passing of order Annexure P-6. On account of delay, this petition is liable to be dismissed. Be that as it may. We have heard counsel for the petitioner on merits and are satisfied that on account of petitioner's conduct, order of termination has rightly been passed against him. He was guilty of causing accident by driving the bus in a negligent manner. Further he remained absent from duty for a number of months prior to the accident in question. Earlier also punishments were awarded to him. Counsel for the petitioner states that before passing order Annexure P-5, report of the Enquiry Officer was not handed over to the petitioner. We feel that this argument is an after thought. By making reference to the grounds of appeal or any other document, the petitioner has failed to show to us that enquiry report was not handed over to the petitioner before passing the punishment order against him. Further contention of counsel for the petitioner that Enquiry Officer has put some questions to petitioner and in view of that the enquiry proceedings were vitiated, is liable to be rejected. We feel that it makes no difference as no prejudice has been caused to the petitioner. C.W.P. No. 4770 of 2008 -5- In view of the facts of this case, benefit of the ratio of judgments in State of Punjab vs. Harbhajan Singh 2007 (4) SCT 600 and Om Kumar and others vs. Union of India 2001 (1) RSJ 113, cannot be given to the petitioner. Dismissed. ( Jasbir Singh ) Judge ( K.C. Puri ) 25.3.2008. Judge chug