M.THANGAVEL Vs. COMMISSIONER OF POLICE MADURAI CITY

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the 2nd respondent, dated 20.04.2014, whereby and whereunder the 2nd respondent imposed a punishment of recovery of the compensation amount of Rs.48,804/- from the petitioner on installment basis.

(2.) It is the case of the petitioner that the petitioner joined in the Tamil Nadu Police Department on 31.10.1997 and on 24.04.2000 at about 7.30 p.m. when he was driving the Police Van bearing Registration No.TCT-4631, a bullock cart suddenly intervened in the way of the petitioner, due to which an accident had occurred. In the said accident, the rider of the bullock cart sustained simple injuries. In this regard, a criminal case was registered against the petitioner and the same was tried in S.T.C.No.551 of 2001. After trial, he was acquitted from the criminal case on 08.03.2002. For the accident took place on 24.04.2000, the injured person had filed M.C.O.P.No.1718 of 2005 claiming compensation, in which the petitioner was not arrayed as a party. The respondents took a stand in the said petition that the accident had not occurred due to negligent act of the petitioner. The Tribunal, by order dated 25.01.2011, has awarded a sum of Rs.32,300/- as compensation with 7.5% interest from the date of the petition. While so, the 2nd respondent has passed an order of recovery on 18.09.2011 without giving any opportunity to the petitioner. Hence, the petitioner challenged the said order in W.P.(MD).No.11655 of 2011. This Court, by order dated 13.08.2012, set aside the said impugned order with liberty to the respondents to proceed against the petitioner in accordance with law, after providing sufficient opportunity. Subsequently, the respondents issued a show cause notice dated 04.07.2013, for which the petitioner submitted his explanation. Based on the decision of the Tribunal that the accident had occurred only due to negligence of the petitioner, the 2nd respondent, by the impugned order dated 20.04.2014, has directed recovery of the compensation amount of Rs. 48,804/- from the petitioner on installment basis. Challenging the said order, the petitioner is before this Court.

(3.) Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.