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Tarsem Singh (SAS Accountant)     11 November 2010

Road Accident and Govt Service Rule

A govt employee, while on his private jouney on off duty hours, met with an road accident  and was convicted by court for negligent driving and killing other person. After completing his punishment i,e. after passing some time in jail will he be able to join his Govt Service or will be dismissed by his deptt being convicted by thge court ?



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 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 November 2010

being a convicted person he will loose his govt., job.

Tarsem Singh (SAS Accountant)     12 November 2010

But, I have read anyhwere that  convition on ground of moral  torpitude can only cuase dismissal from service, one cannot be punished twice for a single offence. If he had already undergone punishment of inprisonment, why should he be dismissed from service which would be another punishment for the same offence ? Can you please refer citations on Hon'ble Supereme Court in this matter ?

Belson Devarajan (Lawyer)     12 November 2010

The convicted can be reinstated in the govt. service. Though he may have to approach the court and get direction for the same. The government department in most cases does not automatically reinstate the convict.

Tarsem Singh (SAS Accountant)     12 November 2010

Thank you Sirs, But Govt Departments must follow some service rules to dismiss or to re-instate the person so convicted. ..What are those rules ? Why a man should again approach the court to get such directions to the Deptt ? If  what you are telling, be followed, will that be a new suit for directions or an application to the Court to insert lines in the earlier judgment to not to consider the accused de-barred from Govt,.Service?
     Are there any judgements available on the subject under discussion ?

Democratic Indian (n/a)     12 November 2010

I agree with Belson Devarajan, if he want to be reinstated, he has to approach court. If he is contemplating a change of service rules for this matter, I am not sure about legal points involved.

Tarsem Singh (SAS Accountant)     12 November 2010

I am also stating and asking the same, he met with an raod accident when he was not on duty and neither the accident involves any violation of Service Rules. Had he been convicted for any offence of moral topitude or  would he be a Govt Driver (of any tranport deptt. of Govt) He might be expelled from Govt Service being in efficicent, But when driving is his private affair, and accidentty he caused loss to any one and had accepted the punishment for same, what is the concern of his Service Matter with this. On what ground will his deptt. dismiss him ? Please quote service rules  and judgements of Supereme Court in this matter if any body reading this.......

v.k derashri (INCHARGE, LEGAL CELL)     15 November 2010

Dear sir Mr Belson is right in govt it is not possible to  expect automatic.  It is necessary to approach the court of law and get direction. because accident is not a intentional murder hence he can refer accident cases. Govt Drivers are facing such problem. facing accident even with govt. vehicle.  It is necessary that he should have valid driving licence and valid registratrion of vehicle.. so it will be easy to get court verdict.  VK Derashri

Sarvesh Kumar Sharma Advocate (Advocacy)     16 November 2010

Mr Belson is right .


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