YAD RAM Vs. SHISH RAM

JUDGEMENT

(1.) INSPECTOR and Sub-Inspector of Haryana Roadways are the petitioners before us. Their names are Yad Ram and Prem Chand. District Forum on a complaint filed by the respondent-complainant Shish Ram directed, while allowing the complaint against Haryana Roadways, that complainant be paid Rs. 8,000/- as compensation for loss of his luggage in the bus in which he was travelling and refund of Rs. 40/- charged as penalty from him on the ground of ticketless traveller. At the same time District Forum directed that the amount so awarded be recovered from the pay of the conductor and the staff which had checked the bus on the day of occurrence. Complaint was that complainant was charged fare by the conductor of the bus in which he was travelling and he was not given ticket. This was in spite of his repeated requests. This bus was, however, checked by Yad Ram and Prem Chand and instead of taking action against the conductor, it was rather complainant who was asked to pay penalty for travelling without ticket. Meanwhile, bus was allowed to proceed in which there was luggage of the complainant, which might appear he lost. District Forum on the material on record upheld the version of the complainant and gave direction as aforesaid.

(2.) AGGRIEVED by the order of the District Forum for recovering the amount from the conductor and those checking staff, the Inspector and Sub-Inspector namely, Yad Ram and Prem Chand filed appeal before the State Commission. Haryana Roadways, Faridabad did not file any appeal. State Commission after examining the material on record afresh, upheld the order of the District Forum.

(3.) YAD Ram and Prem Chand were not party before the District Forum. Without their being heard they could not have been asked to pay the compensation as ordered by the State Commission. Right course for the District Forum was to direct the authority concerned to hold inquiry in the matter and then to recover compensation from them if the inquiry goes against them. In the present case, inquiry was held which exonerated the conductor and the checking staff from any irregularity. In these circumstances, we would allow the revision petition and would set aside the direction that the amount of compensation as awarded by the District Forum be recovered from the conductor and the checking staff. This petition is allowed.