Delhi High Court High Court

Delhi Transport Corporation vs Jai Pal Singh on 27 May, 2011

Delhi High Court
Delhi Transport Corporation vs Jai Pal Singh on 27 May, 2011
Author: Sanjiv Khanna
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  Writ Petition (Civil) No. 3711/2011

%                                   Date of Decision: 27th May, 2011


Delhi Transport Corporation         ....Petitioner
                 Through Mr. J.S. Bhasin, Advocate.

                   VERSUS

Jai Pal Singh                               .....Respondent
                   Through

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA


SANJIV KHANNA, J.

Delhi Transport Corporation has filed the present writ petition

impugning order dated 23rd December, 2010, allowing O.A. No.

765/2010 filed by the respondent, Jai Pal Singh.

2. Learned counsel for the petitioner has submitted that the

disciplinary authority had rightly imposed punishment of stoppage of

next two annual increment with cumulative effect vide order dated 11th

July, 2002, which was affirmed by the appellate authority by their

orders dated 5th September, 2002 and 19th November, 2009 and,

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therefore, the Central Administrative Tribunal should not have

interfered.

3. The respondent is a driver with the petitioner and was served

with the chargesheet dated 21st June, 2001 in which it was alleged that

while driving a bus from Amritsar to Delhi, he had caused a fatal

accident near Rajpura.

4. The aforesaid accident had resulted in registration of FIR No.

406/2000 under Section 279/304A of the Indian Penal Code. It is

admitted position that the trial court acquitted the respondent, inter-

alia, holding that the respondent was not negligent and in fact the

deceased had suddenly crossed the road in a negligent manner. The

tribunal in this regard has relied upon Circular No. 201 dated 24th

November, 1954 that in such cases, action should not be taken against

the driver unless he is convicted by a Criminal Court. However, what is

material and relevant is the findings and statement of Diwan Singh,

Assistant Traffic Inspector who was required to inspect the spot and

submit his report. In his report, he had stated as under:-

“upon inspection of the spot it was found out that
one truck cleaner got down from the left side
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door of his truck and after crossing the front side
of his truck ran to the other side for paying the toll
tax. At the same moment, bus no. 3434 had
already reached that place and that man hit the
body of the bus and fell back on the wheel of the
truck and was hit by bolt on head. In this incident
the truck cleaner was careless and he should have
crossed the road carefully and he should not have
ran in front of the bus. In this accident, our driver
was not at fault. I have nothing else to say in this
regard.”

5. We are conscious of the fact that the standard of proof in

criminal proceedings is different from the standard of proof in civil

proceedings but in the present case, the Tribunal has rightly decided

the question of negligence keeping in view the finding of the criminal

court as well as statement of Diwan Singh, Assistant Traffic Inspector

who had appeared as a witness of the management. The departmental

authorities had not given due weightage and consideration to the

statement of Diwan Singh who had visited the spot and had made

enquiries. In case the respondent was negligent and had caused death,

it is obvious that the punishment of stoppage of two annual increment

with cumulative effect was grossly inadequate. Thus there is a

contradiction in the order of the authorities. It is apparent that they
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too were not convinced about the allegation of negligence made

against the respondent.

6. In view of the aforesaid, we do not find any merit in the present

writ petition and the same is dismissed.

SANJIV KHANNA, J.

CHIEF JUSTICE
May 27, 2011
kkbs

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