HARWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has challenged the validity of the orders dated 09.09.2009 and 22.02.2010 while seeking issuance of a writ in the nature of certiorari and prayed for a direction to the respondents to refund the recovered amount of Rs. 1,00,000/ - from gratuity along with interest @ 12% per annum.

(2.) IN brief, the petitioner was employed as a driver in the Punjab Roadways. He was driving the bus bearing registration no.PJG -1961 which met with an accident with Car No.CHF -3113 at Pandoga in which two persons were injured. They filed their claim petition which was allowed by the Motor Accident Claims Tribunal (here -in -after referred to as the "Tribunal") vide order dated 27.05.1993 as per which the Transport Department had to pay compensation of Rs. 19,884/ - to injured Bala Dutt and Rs. 95,442/ - to Prithi Pal Singh along with interest @ 12%. A departmental inquiry was initiated against the petitioner for causing financial loss to the department. The Inquiry Officer held the petitioner liable to pay the amount of claim and on the basis thereof, the impugned order dated 09.09.2009 was passed for recovery of Rs. 1,00,000/ - from the gratuity of the petitioner on the recommendation of the Committee, which has been maintained by the Appellate Authority while dismissing the appeal filed by the petitioner vide the impugned order dated 22.02.2010.

(3.) COUNSEL for the petitioner has argued that one criminal case registered against the petitioner vide FIR No. 225/1990 dated 15.08.2010, under Sections 279/337/338 IPC was dismissed by the SDJM on 13.01.1992 and in the other criminal case registered vide FIR No. 292 dated 20.12.1999, he was acquitted. It is further submitted that in the present case, the accident took place due to rash and negligent driving of the Maruti car by its owner but still the penalty of Rs. 1,00,000/ - has been imposed upon him which has already been recovered from the amount of his gratuity. In support of his submissions, he has relied upon a judgment of this Court in the case of Kulwant Singh Driver v. Municipal Corporation, Amritsar and another, : 2011(3) R.C.R. (Civil) 552.