ORDER

1. Special leave granted.

2. It appears that as a result of an accident the property of the appellant was damaged and this damage was estimated at Rs 500, in addition, the delinquent driver was subjected to a departmental enquiry on the allegation that he had been guilty of rash and negligent driving. The delinquent driver contended that in order to avert a serious accident he had swerved his I Arising Out of SLP (C) No. 9132 of 1996 vehicle aside and crashed into the pavement guards, as a result of which damage was caused to the vehicle. The Labour Court came to the conclusion that the evidence relied upon by the management did establish negligence on a the part of the delinquent driver. However, on the question of punishment the Labour Court came to the conclusion that he was doubly punished and, therefore, set aside the order of removal from service. The management carried the matter to the High Court and the learned Single Judge partially allowed the writ petition directing reinstatement and 50 per cent of back wages. The amount of Rs 500 awarded by way of damages was ordered to be deducted from the amount that became due. The management challenged this order before a Div