- (1.) The petitioner has impugned the direction contained in memo No. 47/2141 dated 28.4.1981 addressed by the Executive Engineer, Central Works Division Hoshiarpur to the Executive Engineer, National Highways Division, Patiala, ordering recovery of Rs. 45002.50 paise from the salary of the petitioner in instalments. The Facts :
(2.) The petitioner was driving tipper truck No. W.C.A. - 8039. It was involved in an accident. In the accident one person sustained injuries and another died. A case under Section 304-A of the Indian Penal code was also registered against him. The injuried filed claim application under the provisions of Motor Vehicles Act against the Punjab State, Insurance Company and the petitioner. The Motor Accident Claims Tribunal found that the accident took place due to the negligent driving of tipper truck No. W.G.A.-8039 by the petitioner. Mohinder Singh died as a result of injuries received by him in the accident. His representatives filed claim applications which were allowed by the Motor Accident Claims Tribunal. The claim application was allowed against the Punjab state and the petitioner.
(3.) The amount which was ordered to be paid by the Punjab State was ordered to be recovered from the petitioner and the same has been challenged in this petition. The only ground on which the recovery is challenged is that opportunity was not afforded to the petitioner before imposing and enforcing the recovery. Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short the Rules) relates to penalties. It says that the following minor penalties can be imposed for good and sufficient reasons. (i) Censure (ii) Withholding of his promotions (iii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders. (iv) Withholding of increments of pay Rule 8 of the Rules says that penalties specified in clauses (v) to (ix) of Rule 5 can only be imposed after an inquiry held, as practicable in the manner prescribed in Rule 9 of the rules. Major penalties can only be imposed after following the procedure laid down in Rule 9 of the Rules. Rule 9 of the Rule is not attracted if the minor penalties have to be imposed. The petitioner was a party to the petition for compensation in which the compensation was awarded against the State and the petitioner. He was also convicted by the criminal court for his rash and negligent driving of the vehicle involved in the accident. It cannot be said that he was not aware as to why the penalty has been imposed.;