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2003 Supreme(SC) 268

SHIVARAJ V.PATIL, ARIJIT PASAYAT
State Of Haryana – Appellant
Versus
Balwant Singh – Respondent


JUDGMENT

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 court as affirmed by the first appellate court.

2. The respondent was driving bus of the Haryana Roadways. An accident was caused because of the rash and negligent driving of the respondent. In the said accident, one person died and other person suffered injuries. In the claim petition filed before the Motor Accidents Claims Tribunal, an award was passed which resulted in the loss of Rs. 1,12,950/- to the Transport Department of the State. A charge-sheet was issued under Rule 7 of Haryana Civil Services (Punishment and Appeal) Rules, 1987 (for brevity the Rules ). 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. This order was passed against him in the wake of the orders of the Motor Accidents Claims Tribunal, Kurukshetra. On account of causing of the same accident, a criminal case was also registered vide F.I.R. No. 127 dated 25.7.1988 for the offences under Sections 279









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