MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition is directed against the order dated 4.9.1992 (Annexure P-4), whereby respondent No. 3 ordered the recovery @ Rs. 1000/- per month from the salary of the petitioner without issuing any show-cause notice or conducting any enquiry. Brief facts of the case, which are necessary for disposal of the present writ petition, are that while petitioner was serving as Driver with the respondent-department, a road accident took place in which the car being driven by the petitioner was found to be involved. F.I.R. No. 91 dated 25.6.1989 was registered under Sections 279/427/304-A IPC, at Police Station, Kharar, District Ropar. A claim petition was filed before the Motor Accidents Claims Tribunal, Ropar, which was allowed vide award dated 25.3.1992 (Annexure P-2) awarding an amount of Rs. 1,75,000/- as compensation to the claimants, on account of the death of Shri Satpal Singh. Pursuant to the above-said award passed by learned M.A.C.T. Ropar, impugned order dated 4.9.1992 (Annexure P-4) came to be passed by respondent No. 3 directing that an amount of Rs. 1,000/- shall be deducted from the salary of the petitioner every month. Petitioner approached the respondent authorities by way of representation dated 17.9.1992 (Annexure P-5), but no action thereon was taken. Hence, this writ petition.

(2.) While issuing notice of motion vide order dated 14.10.1992, a Division Bench of this Court stayed recovery till further orders. Since no reply was filed on behalf of respondents, writ petition was admitted for regular hearing vide order dated 10.2.1993. That is how, this Court is seized of the matter.

(3.) When the case was taken up for regular hearing today, no reply was found available in the record of the case. However, a copy of the written statement dated 17.3.1993, supplied by the learned counsel for the State in the Court today, has been permitted to be placed on record. Nobody is present on behalf of the petitioner to press this writ petition.