JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner challenges the very authority and jurisdiction of the Director General of Police, Punjab, to order and direct recovery of half of the compensation amount paid to the claimants in terms of the award of the Motor Accidents Claims Tribunal, Hoshiarpur dated 7.1.1997 on the ground that he was driving the vehicle negligently. An answer to this legal proposition is certainly of some importance and of great significance for the State at least.

(2.) The petitioner was employed in the Punjab Police as a driver and constabulary No. 618/HRR was awarded to him. He was posted in the Police Lines, Hoshiarpur. According to petitioner, he had 20 years experience as driver of heavy vehicles. On 25.8.1995, the petitioner was put on duty to carry the prisoners from Hoshiarpur to Dasuya in terms of the orders of his senior officers. He was driving bus of the Police Department being bus No. PB 070 3026. When the bus reached near village Baradari, it met with an accident in which a lady cyclist, named Baldev Kaur, died. As stated by the petitioner, she was going with another lady cyclist Kanwaljit Kaur. Due to entangling of their cycles, the deceased fell on the road and died. Tirath Singh, Dharam Singh and Gurcharan Kaur (husband, father-in-law and mother-in-law of the deceased respectively) filed a claim for compensation being Claim Petition No. 95 of 1995 before the Motor Accidents Claims Tribunal, Hoshiarpur which was allowed in their favour vide order dated 7.1.1997 and a total compensation of Rs. 1,47,000 with costs and interest at the rate of 12 per cent from the date of application up to date of payment was granted to the claimants. The vehicle of the Police Department was not insured and the Department paid a sum of Rs. 1,70,573 as compensation out of the funds created for the purpose under section 146 of the Motor Vehicles Act, 1988.

(3.) The Senior Superintendent of Police, Hoshiarpur vide his order dated 9.5.1991, issued notice of show-cause to the petitioner as to why half of the compensation paid by the Department be not recovered from the petitioner. A copy of this show- cause notice is annexed to the writ petition as Annexure P-3. Reply thereto was submitted by the petitioner on 19.5.1997. On 13.1.1998, an order was passed by the authorities to recover a sum of Rs. 85,286.50 as half of the compensation. The petitioner had preferred an appeal against this order before the Deputy Inspector General of Police, Jalandhar Range. During the pendency of appeal, the recoveries were made. The respondents started making recovery from the pay of the petitioner which compelled the petitioner to file a writ petition in this court being Civil Writ Petition No. 17437 of 1998, in which the court directed the Deputy Inspector General of Police to dispose of the appeal of the petitioner within two months. After the receipt of the order of the High Court, the appeal was referred by the D.I.G. of Police, Jalandhar vide order dated 20.5.1999 to the Director General of Police, Punjab, who vide Memo dated 1.6.1999, Annexure P-2, rejected the same being devoid of any force. In regard to the same incident, F.I.R. No. 128 dated 25.8.1995 was also registered at Police Station, Tanda for the offences under sections 279 and 304-A, Indian Penal Code. The challan -was filed, but the petitioner was ultimately acquitted by the judgment of learned Judicial Magistrate, 1st Class, Dasuya, dated 4.9.2000.