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2015 Supreme(HP) 826

RAJIV SHARMA
Gulshan Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Subhash Sharma, Advocate
For the respondents:Mr. Parmod Thakur, Addl. AG with Mr. Neeraj K. Sharma and Mr. Vivek S. Attri, Dy. AGs for respondent-State

Judgment

Rajiv Sharma, J.

The petitioner was deputed to drive the departmental vehicle from Shimla to Kalka. According to the petitioner, when he was coming back from Kalka to Shimla, he got down from the vehicle. He was overpowered by some unknown persons. He was drugged by them. Some person dropped him at his residence. He regained consciousness and found himself at his residence on 6.10.2004. The fact of the matter is that the vehicle of the petitioner met with an accident on the evening of same day at Kacchi Ghati, Shimla, causing loss to the tune of Rs. 59,190/-. The petitioner neither reported the matter to the police nor apprised the Department.

2. The disciplinary proceedings were initiated against the petitioner under Rule 14 of CCS(CCA) Rules 1965, vide memorandum dated 2.12.2014. The petitioner filed a detailed reply to the same vide Annexure P-5 dated 10.12.2014. The Inquiry Officer was appointed. The Inquiry Officer submitted the report to the Disciplinary Authority. The Inquiry Officer gave findings that the delinquent official drove the vehicle in a negligent manner, resulting in the accident on 5.10.2004. The version of the petitioner that some unidentified persons hav













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