inder Singh Through His Legal Representative Smt. Bhagwati Devi and Vs. the State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1066338
CourtPunjab and Haryana High Court
Decided OnJul-29-2013
Appellantinder Singh Through His Legal Representative Smt. Bhagwati Devi and
RespondentThe State of Haryana and Others
Excerpt:
cwp no.16902 of 1992 -1- **** in the high court of punjab & haryana at chandigarh cwp no.16902 of 1992 date of decision:29.7.2013 inder singh through his legal representative smt. bhagwati devi and others .....petitioner versus the state of haryana and others .....respondents coram : hon'ble mr.justice g.s.sandhawalia present: none for the petitioner. mr.g.s.chahal, addl. advocate general, haryana g.s.sandhawalia j.(oral).prayer made in the present petition filed under articles 226/227 of the constitution of india is for issuance of writ of certiorari quashing the impugned order dated 30.10.1990 (annexures p-4) whereby service of the petitioner was terminated on account of accident which took place due to his rash and negligent driving in which one gurbinder singh died. the appeal filed.....
Judgment:

CWP No.16902 of 1992 -1- **** IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.16902 of 1992 Date of decision:29.7.2013 Inder Singh through his Legal representative Smt.

Bhagwati Devi and others .....Petitioner Versus The State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA Present: None for the petitioner.

Mr.G.S.Chahal, Addl.

Advocate General, Haryana G.S.Sandhawalia J.(oral).Prayer made in the present petition filed under Articles 226/227 of the Constitution of India is for issuance of writ of Certiorari quashing the impugned order dated 30.10.1990 (Annexures P-4) whereby service of the petitioner was terminated on account of accident which took place due to his rash and negligent driving in which one Gurbinder Singh died.

The appeal filed by the employee was also dismissed vide order dated 28.9.1992 (Annexure P-5) which is also the subject matter of the present writ petition.

In the written statement filed on behalf of respondents, it has been pleaded that the Motor Accident Claims Tribunal, Kurukshetra found the petitioner Inder Singh to be rash and negligent while driving the bus and awarded a sum of ` 2,13,000/- along with interest @ 15% from the date of filing of petition till its realisation and the State of Haryana had to pay the entire awarded amount on the principle of vicarious liability.

An enquiry had also been initiated against the deceased employee to the same effect.

Kumar Pardeep 2013.07.31 11:11 I attest to the accuracy and integrity of this document CWP No.16902 of 1992 -2- **** In the writ petition, the plea taken is that the employee had been acquitted of the criminal charges framed against him.

None has put in appearance on behalf of the petitioner.

The petitioner in the present writ petition died on 19.6.2005 and his legal representatives were brought on record vide order dated 13.9.2005.

Accordingly, the present writ petition is dismissed for non- prosecution.

Copy of this order be sent to the parties concerned.

29.7.2013 (G.S.Sandhawalia) Pka JUDGE Kumar Pardeep 2013.07.31 11:11 I attest to the accuracy and integrity of this document