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1996 Supreme(SC) 1402

B.P.JEEVAN REDDY, K.S.PARIPOORNAN
State Of Punjab – Appellant
Versus
Kashmir Singh – Respondent


ORDER

Leave granted.

Heard counsel for the parties.

2. The respondent was a driver in the service of the Punjab Roadways, Jallandhar. There was an accident to the bus he was driving on 2.7.86. Number of passengers were injured and the bus damaged. A FIR was issued against the respondent under Section 304-A of the IPC and certain other provisions. He was also suspended pending inquiry. A memo of charges was issued to him proposing to hold a disciplinary inquiry on the charge of causing loss to the Corporation by driving the bus rashly and negligently. An Inquiry Officer, Shri R.S. Sharma, was appointed. While the proceedings were pending before the Inquiry Officer, the Criminal Court acquitted the respondent under its judgment and order dated 19.10.1988. After perusing the judgment of the Criminal Court, a fresh disciplinary inquiry was ordered against the respondent for which purpose a different Inquiry Officer was appointed. The disciplinary inquiry was accordingly held and on the basis of the report of the Inquiry Officer the respondent was found guilty of the charges and dismissed from service.

3. The respondent instituted a suit in the Court of Sub-Judge, Jallandhar for a declarat




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