PRBHASH CHANDRA PANDEY Vs. BIHAR STATE ROAD TRANSPORT CORPORATION LIMITED THROUGH ITS ADMINISTRATOR, PATNA

JUDGEMENT

(1.) Heard Mr. Durga Charan Mishra, learned counsel for the petitioner as well as Mr. Pankaj Kumar, learned counsel appearing for the Respondent-B.S.R.T.C.

(2.) In the captioned writ application, the petitioner has sought for quashing the Office order no. 164/2007, issued by the Divisional Manager, Bihar State Road Transport Corporation, Dumka vide Memo No. 795 dated 21.06.2007 (Annexure-11), whereby order has been passed for deduction of Rs. 1,000/- per month from the salary of the petitioner as the installment towards adjustment of the loss alleged to have been sustained by the Corporation to the tune of Rs. 2,13,774/-. The petitioner has further prayed for direction commanding upon the respondent no. 2 to consider and dispose of the Appeal, preferred by the petitioner against the order, issued under the signature of the Operation Chief, Bihar State Road Transport Corporation, Patna, hereinafter to be referred in short as 'BSRTC, Patna' in accordance with law.

(3.) Shorn of unnecessary details, the facts, as has been delineated in the writ application is that the petitioner is the employee of the Bihar State Road Transport Corporation, incorporated under the Road Transport Act. Inter-State buses were plying between the State of Jharkhand and the State of Bihar. While continuing, as Depot Superintendent, at Deoghar, the petitioner submitted an application before the Divisional Manager, BSRTC, Dumka for allotment of tax and in the said letter, the petitioner also requested that permit can be issued when the mentioned amount will be deposited. While applications for road permit was pending, the Commissioner, Transport, Jharkhand, Ranchi directed to all concerned, to issue inter-State road permit and not to create any disturbance for BSRTC buses. It has also been stated that the petitioner vide letter dated 05.10.2004 has informed the Divisional Manager, Dumka and on being informed that the private owner has made complaint before the D.T.O., Bhagalpur that vehicles are running without permit will be seized and in this contest requested them to give proper direction in this regard. It has further been stated that the Chief of Operation, BSRTC, Patna vide letter dated 19.09.2006 has issued a directive to the Divisional Manager of Patna, Gaya, Ranchi, Jamshedpur, Dhanbad, Dumka and Bhagalpur to recover a sum of Rs. 286 lacs from the concerned Depot Superintendent for the period from 2000-2006 against illegal plying of buses in the Inter-State routes for which the Corporation has sustained such losses in terms of penalty against the road tax in relation to forfeited vehicle for want of valid permit, as evident from Annexure-9 to the writ application. Against the said order, the petitioner preferred an appeal before the Administrator on 16.01.2006, which was pending as per Annexure-10. Vide order dated 21.06.2007, direction has been issued for recovery of the amount of Rs. 2,13,774/- from the salary of the petitioner as per the order of the Administrator, BSRTC, Patna by deducting Rs. 1,000/- per month from the salary of the petitioner till the tenure of his services and the rest amount shall be adjusted from the retirement benefits, as per Annexure-11 to the writ petition. Being aggrieved by the impugned order vide Annexure-11 to the writ application, the petitioner left with no alternative and efficacious remedy, has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.