JAGDISH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition filed by a driver of the Respondent -State under Article 226 of the Constitution prays for quashing order dated 26th November, 1998, passed by Respondent No. 3 in pursuance of a letter dated 7th September, 1998, sent by Respondent No. 2 whereby an amount of Rs. 83,200 has been ordered to be deducted from the salary of the Petitioner. The Petitioner has been found negligent in driving the State Department Vehicle and the Motor Accident Claims Tribunal, Ferozepur (for brevity, 'the Tribunal') had apportioned the compensation, which is sought to be recovered.

(2.) BRIEF facts of the case are that the Petitioner has been working as a driver with the Assistant Excise and Taxation Commissioner, Muktsar - Respondent No. 4. On 4th October, 1991, when he was coming from Fazilka to Ferozepur alongwith his officers in a Jeep, bearing registration No. PAR -782, belonging to the Punjab Government, it met with an accident which resulted into death of Constable Ranjit Singh. An FIR No. 423, dated 4th October, 1991, under Section 304, was registered at Police Station Sadar, Ferozepur, which was tried by learned Judicial Magistrate, Ferozepur and the Petitioner was acquitted of the criminal trial on 27th February, 1999. However, in the claim petition under the provisions of the Motor Vehicles Act, 1988 (for brevity, 'the Act'), filed by the legal heirs of Constable Ranjit Singh (deceased), the Tribunal awarded a sum of Rs. 2,49,600 to them, which was payable by the Petitioner alongwith Respondent Nos. 1 to 4 jointly and severally.

(3.) THE department did not file any appeal against the award of the Tribunal and made the payment of the whole awarded compensation to the legal heirs of deceased Ranjit Singh. Even the Petitioner, who was aggrieved by the award, dated 22nd February, 1994, did not challenge the award in appeal. On 26th November, 1998 (P -2), Respondent No. 3 upon instructions issued by Respondent No. 2, vide letter dated 7th September, 1998, directed to deduct a sum of Rs. 83,200 being l/3rd share of the total amount awarded by the Tribunal as compensation from the salary of the Petitioner @ Rs. 2,700 per month with effect from December, 1998. The aforesaid order is subject matter of challenge in the instant petition.