RAFIQ Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner was working as a Driver in the respondents' Corporation. He retired on superannuation on 30th April, 2002. During his service, when he was carrying consignment of sugar in the vehicle he was driving, he met with an accident. The consignment of sugar valuing Rs. 39,827.85 was damaged in the said accident. The Consumer Affairs and Public Distribution Department J&K State raised claim for the aforesaid damage from the State Road Transport Corporation. An amount of Rs. 69,160/- cash in lieu of leave salary and an amount of rupees seven thousand G.P. Fund of the petitioner has been withheld and not paid to him. It is in these circumstances, this petition has been filed seeking direction to the State Road Transport Corporation to release withheld amount in favour of the petitioner. Learned counsel for the respondents' Corporation has not been able to justify the action of the respondent- Corporation in withholding the aforesaid amount. Referring to regulation 144(ii)(b) of Jammu and Kashmir Road Transport Corporation Employees Service Regulations, 1979, learned counsel submitted that Corporation is authorized to recover from pay of whole or part of any pecuniary loss caused to the Corporation by negligence or breach of order. Learned counsel further submitted that in pursuance to the aforesaid powers, the amount has been withheld as a loss caused to the Consumer Affairs and Public Distribution Department because of negligence of the petitioner.

(2.) It is submitted at the bar that petitioner has been exonerated of the charge of negligent driving by the Court of Competent jurisdiction.

(3.) An order for effecting recovery from pay of an employee is a major penalty in terms of regulation 144(ii) and procedure is prescribed for imposing the major penalty. Admittedly, in this case neither procedure has been followed nor order of penalty imposed on the petitioner. The petitioner after his retirement has ceased to be an employee of the respondent-Corporation, thus, he cannot be subjected to any disciplinary proceedings by the respondent-Corporation.