DARSHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this petition the Petitioner has challenged the action of the Respondents in recovering an amount of Rs. 58,103/ - from the Petitioner.

(2.) THE undisputed facts are that the Petitioner was employed as a driver with the Respondent -department. He was engaged as driver on truck No. HPG -2132. The said truck struck with bus No. HP -20 -1113. The owner of the bus in question filed a claim petition against the Petitioner, the Executive Engineer, the Superintending Engineer and the State of Himachal Pradesh claiming compensation and one of the issues framed therein was whether the damage so caused to the bus was a result of the rash and negligent driving of Darshan Singh, the present Petitioner. This claim petition was decided in favour of Dina Nath and against the Respondents including the present Petitioner and an award of Rs. 9,500/ - was passed in favour of Dina Nath. The Petitioner, his department and the State of Himachal Pradesh were held jointly and severally liable to pay the awarded amount. Dina Nath filed an appeal and this Court vide its judgment dated 28.6.2005 enhanced the compensation to Rs. 35,761/ - and interest on the enhanced amount of Rs. 26,261/ - @ 9% per annum from the date of filing of the claim petition till deposit of the amount. The Respondents were held jointly and severally liable to pay the amount. The Petitioner claims that this amount has been recovered without following the procedure prescribed by law. The stand of the Respondent is that only the amount due and payable under the award is being recovered from the Petitioner.

(3.) IN the present case no notice was given to the Petitioner and he was only informed that recovery is being made from him vide letter dated 12.12.2005 and 19.12.2005. Therefore, the recovery could not have been made in the manner it has been made. It is not clear whether the entire amount has been recovered from the Petitioner or not. Be that as it may, if any amount has been recovered the same shall not be repaid to the Petitioner as a result of this order. The Respondent shall be at liberty to initiate proceedings under Rule 16 and after issuing notice to the Petitioner appropriate orders shall be passed. If any amount has to be recovered from the Petitioner the same may be recovered in accordance with law. In case the Inquiry Officer comes to the conclusion that nothing is to be recovered or lesser amount has to be recovered from the Petitioner than the amount which has already been recovered or the amount which has been recovered is in excess the excess shall be refunded to the Petitioner. Such action, if any, must be initiated within three months and completed within three months thereafter failing which it shall be presumed that the department is not interested in recovery of the amount. The petition is disposed of with the aforesaid directions. No order as to costs.