GULSHAN KUMAR Vs. STATE OF H.P. & ANR.

JUDGEMENT

(1.) 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. 59,190.00. 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 have drugged him and dropped him at his home was not accepted by the Inquiry Officer. The petitioner was permitted to file representation to the inquiry report vide memorandum dated 28.7.2006. The petitioner filed the detailed reply to the memorandum vide Annexure P-11 dated 11.8.2006. Thereafter, the Disciplinary Authority removed the petitioner vide order dated 21.9.2006 by passing a speaking/detailed order. The representation, made by the petitioner against the findings of the Inquiry Officer, was dealt with in detail.

(3.) The petitioner assailed the removal order dated 21.9.2006 by filing OA No. 3229 of 2006 before the erstwhile H.P. State Administrative Tribunal. It was transferred to this Court and assigned CWP(T) No. 6354 of 2008. Since the petitioner had not filed any statutory appeal against the order of removal, he was permitted to file statutory appeal, while disposing of the petition on 5.4.2010. The petitioner filed statutory appeal and the same was dismissed by the appellate authority vide office order dated 10.6.2010.