Shivaraj V. Patil, J. - (1.)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, 337, 338 and 304-A. IPC. He was convicted by the Court after trial in the said criminal case. Based on this conviction, the General Manager of Haryana Roadways passed another order dated 17.9.1992 terminating the services of the respondent. This order was communicated to the respondent when he was undergoing punishment. After he was released from Jail in January, 1993, he submitted a joining report in the office of the General Manager. Haryana Roadways, Karnal. Instead of accepting joining report, the termination order dated 17.9.1992 was handed over to him. He filed an appeal before the Commissioner and Secretary, Haryana Roadways against the order of termination of his services on the ground that he could not be tried twice for the same offence. When the appeal was still pending, he filed a suit alleging that no proper opportunity was given to him and no enquiry was held but the termination order was passed only on the basis of the judgment passed by the learned Sessions Judge upholding his conviction. The appellant contested the suit on several grounds inter alia contending that due to negligence of the respondent, the appellant suffered loss of Rs. 1, 12,950/- as he was careless on his duty; the order of termination of his services was rightly passed and there was no need to conduct an enquiry under Rule 7(2) of the Rules when the said order was passed on the basis of the conviction and sentence passed against him. After trial, the suit was dismissed. Aggrieved by judgment and decree passed by the trial Court, the respondent filed an appeal before the appellate Court. The appeal was also dismissed. Not being satisfied with the order passed in the appeal, the respondent filed second appeal before the High Court. The same was allowed setting aside the decrees passed by both the Courts below only on the ground that an employee could not be punished twice for the same offence in view of Article 20(2) of the Constitution of India as no person shall be prosecuted and punished for the same offence more than once. Hence, this appeal questioning the validity and correctness of the impugned judgment and decree passed in the second appeal by the High Court.
(3.)The learned counsel for the appellant urged that the High Court committed a manifest error in taking a view that the respondent was prosecuted and punished for the same offence twice; earlier order dated 12.3.1990 was passed after holding enquiry under Rule 7 of the Rules, because of rash and negligent driving of the bus, he caused loss to the Haryana Roadways to the tune of Rs. 1, 12,950/-, defamed the Transport Department and proved indiscipline; the said action was taken in the wake of the orders of the Motor Accidents Claims Tribunal reducing his pay to the minimum time scale of Driver for a period of four years; thereafter, the order dated 17.9.1992 terminating his services was passed on the basis of conviction and sentence passed against him by the criminal Court for offence under Section 304-A IPC. According to the learned counsel, the cause of action and grounds for passing two orders aforementioned against the respondent being different and distinct, there was no question of the respondent suffering double jeopardy; he was not prosecuted and punished twice for the same offence: action was taken according to the Rules governing the case of the respondent on two different occasions. He also contended that the High Court was not right and justified in reversing the concurrent findings of fact recorded by both the Courts below. As against these submissions, the learned counsel for the respondent supported the impugned judgment for the very reasons stated in the impugned order.