Not being satisfied with the order passed in the appeal, the respondent filed second appeal before the High Court.
This order was passed against him in the wake of the orders of the Motor Accidents Claims Tribunal, Kurukshetra.
This order was companymunicated to the respondent when he was undergoing punishment.
A charge sheet was issued under Rule 7 of Haryana Civil Services Punishment and Appeal Rules, 1987 for brevity the Rules .
127 dated 25.7.1988 for the offences under Sections 279, 337, 338 and 304 A IPC.
An accident was caused because of the rash and negligent driving of the respondent.
Instead of accepting joining report, the termination order dated 17.9.1992 was handed over to him.
The appellant companytested the suit on several grounds inter alia companytending that due to negligence of the respondent, the appellant suffered loss of Rs.1,12,950/ as he was careless on his duty the order of termination of his services was rightly passed and there was numberneed to companyduct an enquiry under Rule 7 2 of the Rules when the said order was passed on the basis of the companyviction and sentence passed against him.
On account of causing of the same accident, a criminal case was also registered vide I.R. No.
Aggrieved by judgment and decree passed by the trial companyrt, the respondent filed an appeal before the appellate companyrt.
When the appeal was still pending, he filed a suit alleging that numberproper opportunity was given to him and numberenquiry was held but the termination order was passed only on the basis of the judgment passed by the learned Sessions Judge upholding his companyviction.
In the claim petition filed before the Motor Accidents Claims Tribunal, an award was passed which resulted in the loss of Rs.
After trial, the suit was dismissed.
He was companyvicted by the companyrt after trial in the said criminal case.
After he was released from jail in January, 1993, he submitted a joining report in the office of the General Manager, Haryana Roadways, Karnal.
1,12,950/ to the Transport Department of the State.
In the said accident, one person died and other person suffered injuries.
He filed an appeal before the Commissioner and Secretary, Haryana Roadways against the order of termination of his services on the ground that he companyld number be tried twice for the same offence.
Hence, this appeal questioning the validity and companyrectness of the impugned judgment and decree passed in the second appeal by the High Court.
After holding enquiry, a punishment was imposed on him reducing the pay to the minimum of time scale of Driver for a period of four years by the order dated 12.3.1990.
J U D G M E N T SHIVARAJ V. PATIL J. The State of Haryana is in appeal challenging the judgment and decree passed by the High Court in second appeal reversing the judgment and decree passed by the trial companyrt as affirmed by the first appellate companyrt.
Based on this companyviction, the General Manager of Haryana Roadways passed another order dated 17.9.1992 terminating the services of the respondent.
The respondent was driving bus of the Haryana Roadways.
