SAHAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition a challenge has been made to the charge sheet issued by the respondent at Annexure-9 dated 08.04.2011.

(2.) It is submitted that an accident took place while petitioner was driving a government vehicle. He was served with the charge sheet followed by an order of punishment at Annexure-4 dated 06.03.2006. Therein, two charges were taken into consideration against petitioner out of which one was regarding rash and negligent driving of the vehicle. Petitioner was punished with the punishment of censure and was asked to pay a sum of Rs.9,760/- towards damages of the vehicle. After expiry of about five years, petitioner has been again served with the charge sheet for the same incident. First three charges make reference of the accident and allegation of rash and negligent driving of the vehicle, thereby, criminal case was registered. The charge sheet is further in reference to the award passed against the government by the Motor Accident Claims Tribunal (for short the Tribunal') in a claim petition filed by the claimants of the deceased. Petitioner has been served with the charge sheet giving out as to why aforesaid amount of compensation should not be recovered from him.

(3.) It is submitted that for one and same charges of the accident, matter cannot be taken up on two occasions. This is more so when first charge sheet was concluded with an enquiry and punishment. Petitioner had paid the amount of penalty inflicted upon him. Now, after inflicting the first punishment, second charge sheet cannot be issued against the petitioner for same incident and he cannot be made liable for the claim accepted by the Tribunal as the department being principal employer becomes liable for the same. Similar controversy has been decided by this court in the case of "Jaswant Singh v. State of Rajasthan & Ors., 2003 3 WLC(Raj) 169. Therein, judgment of the Apex Court in the case of "State of Rajasthan v. Vidyavati", 1962 AIR(SC) 933 was also considered and therein it has been held that in case of an accident of a vehicle, State would be liable, being principal employer.