G. RAJASURIA, J.

Heard Mr. Prabhu Rajadurai, learned counsel appearing for the appellant and Mr.R. Janakiramulu, learned Special Government, for the respondent.

2. Though the matter is listed for considering the question of stay, yet, in view of the very same question being involved in the appeal itself, on consent of the counsel appearing for the parties, the writ appeal itself is taken up for hearing and disposal on merits.

3. This writ appeal is directed against the order of the learned Single Judge, dated 27.6.2006, passed in W.P. (MD) No. 2878 of 2006. A result of facts absolutely necessary for the disposal of this writ appeal would run thus:

(a) Theappellant herein S. Krishnasamy is working in the Police Station. While he was working at Ayakudi Police Station in Dindigul District as Armed Reserve Police Constable (AR.PC) he was deployed to drive a Mahindra Van bearing Regn. No. TCL 3442 belonging to the Police Station. While so, there was a collision between the said van and a two wheeler, which resulted ultimately in the death of the rider of the two wheeler. A case was registered as against the rider of the two wheeler for rash and negligent driving. Since he di