A MURUGESAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard.

(2.) The petitioner, a police driver in Jayamkondam Prohibition Enforcement Wing Unit, was involved in an accident on 21.04.2004 by colliding a police Jeep against a tree, resulting in injuries to himself and the occupants of the Jeep, apart from substantial damage to the vehicle. The respondent herein has issued the impugned order dated 23.09.2005 to recover a sum of Rs.35,600/- from the petitioner, which is claimed to be the amount spent for repairing the damaged vehicle.

(3.) The short ground on which the Writ Petition deserves to be allowed is that the impugned order of recovery is in violation of the principles of natural justice. It is not in dispute that when the order of recovery was issued to the petitioner, he was not called for, to offer his objections to the proposed recovery. Likewise, the impugned recovery order emanates from the report of the Motor Vehicle Inspector, who has opined that the accident was not due to any mechanical defect in the vehicle. This report has also not been served on the petitioner.