JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 18.4.1996 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 2.2.1996, Annexure 15, passed by the respondent No. 3 Commandant (Police) First R.A.C., Mandore Road, Jodhpur, by which the petitioner was held guilty of driving the jeep in question negligently and rashly and since Rs. 18,900 were paid by the respondents to the injured Chiman Singh in motor accident claims, therefore, it was ordered that the said amount be got recovered and realized from the pay of the petitioner and furthermore, a penalty of withholding of one annual grade increment without cumulative effect was also imposed against the petitioner, be quashed and set aside.

(2.) The case of the petitioner as put forward by him in this writ petition is as follows: The petitioner was constable driver in the employment of the respondents and on 23.5.1987, he was driving the jeep and he was directed to bring the Company Commander Ranglal and when he was driving the jeep on that day, he caused an accident with cycle sawar, as the result of which, one Chiman Singh was injured and for that accident, a criminal case was also got registered against the petitioner for the offence under sections 279, 337 and 338, Indian Penal Code and through judgment and order dated 18.5.1989, Annexure 2, passed by the learned Addl. Chief Judicial Magistrate No. 3, Jodhpur, he was acquitted of the charges for the offence under sections 279, 337 and 338, Indian Penal Code. The further aspect of the case of the petitioner is that injured Chiman Singh filed an application before the Motor Accidents Claims Tribunal, Jodhpur (for short 'Claims Tribunal') under the provisions of Motor Vehicles Act, 1988, claiming compensation and that case was registered as M.A.C.T. Case No. 5 of 1988 and through the judgment and award dated 22.2.1995, Annexure 3, the Claims Tribunal awarded a sum of Rs. 10,000 along with interest at the rate of 12 per cent per annum to injured Chiman Singh. The further case of the petitioner is that thereafter, departmental proceedings were initiated against the petitioner and ultimately, through impugned order dated 2.2.1996, Annexure 15, passed by the respondent No. 3 Commandant (Police) First R.A.C., Mandore Road, Jodhpur, the petitioner was held guilty of driving the jeep in question negligently and rashly and since Rs. 18,900 were paid by the respondents to injured Chiman Singh in motor accident claims, therefore, it was ordered that the said amount be got recovered and realized from the pay of the petitioner and furthermore, a penalty of withholding of one annual grade increment without any cumulative effect was imposed against the petitioner.

(3.) In this petition, the impugned order, Annexure 15, has been challenged by the petitioner on various grounds and the main grounds are as follows: