Punjab-Haryana High Court
Harvinder Singh vs State Of Punjab And Others on 28 April, 2023
Neutral Citation No:=2023:PHHC:060658
122 2023:PHHC:060658
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 7209 of 2023
Date of Decision: 28.04.2023
Harvinder Singh
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. H.S.Dhindsa, Advocate
for the petitioner(s).
Mr. Vishnav Gandhi, Deputy Advocate General,
Punjab, for the respondents.
Anil Kshetarpal, J.
1. The petitioner while seeking a writ of certiorari prays for
quashing of the order dated 20.03.2023 whereby he has been dismissed from
service by invoking Rule 13(1) of the Punjab Civil Services (Punishment
and Appeals) Rules, 1970.
2. The petitioner has been dismissed from service solely on the
ground of conviction in FIR No. 158 dated 31.08.2001, registered under
Section 279 and 304-A IPC which has been upheld in appeal, though, the
writ petition is pending. He was appointed as a Driver in the Punjab
Roadways on 07.07.1997. The bus driven by the petitioner had met with an
accident resulting in the death of a person.
3. The petitioner would be 58 years of age on 30.04.2023. He has
been dismissed from service after his unblemished career of nearly 25 years.
The learned State counsel admits that there is nothing wrong with the
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antecedents of the petitioner during his entire service career spaning 25
years. Though, a Division Bench in Rishi Dev vs. State of Haryana and
others, 2006(2) SLR 295 held that a convicted driver is not entitled to
reinstatement, however, in Jarnail Singh vs. State of Punjab and others
(Civil Writ Petition No.2914 of 2009, decided on 29.08.2011), the Court
formed an opinion that the conviction of a driver for the offence punishable
under Section 279 and 304-A IPC does not involve moral turpitude.
4. In Gurmukh Singh v. State of Punjab and Another (Civil Writ
Petition No. 16543 of 2014, decided on 13.03.2023), this Court, after
considering the case law on the subject, has observed as under.
"7. Road accidents are, often, the result of an error of
judgment or mechanical failures. They can also occur on
account of fault of the other vehicle. In such cases, it would not
be justified to hold that the driver is guilty of an offence
involving the moral turpitude, however, at the same time, the
court is required to keep in consideration the fact that the
driver, if reinstated in service, will again drive the heavy duty
vehicle which can endanger public safety.
8. Examining and harmonizing these conflicting interests, a
learned Single Judge in Jarnail Singh's case (supra), held that
in such cases, the order of dismissal is required to be modified
and converted into an order of compulsory/pre-mature
retirement from service with entitlement retrial/pensionary
benefits.
9. Keeping in view of the aforesaid judgments, this court
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while respectfully agreeing with the aforesaid view, orders the
modification of dismissal of the petitioner from service and its
conversion into an order of compulsory/pre-mature retirement
from service with entitlement to retrial benefits with effect from
the date the dismissal order i.e. 05.05.2014."
5. For the parity of reasons, the present writ petition is allowed.
The order of dismissal of the petitioner from service is converted into an
order of compulsory/premature retirement with entitlement of retiral benefits
from the date of the order i.e. 20.03.2023.
(Anil Kshetarpal)
Judge
April 28, 2023
"DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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