- (1.) The petitioner who is a retired Driver from the Department of Transport, State of Punjab seeks the quashing of orders dated 04.03.2008 and 21.02.2011 (Annexures P-4 & P-5) in terms of which an amount of Rs.61,667/- has been directed to be recovered out of his gratuity towards his proportionate liability for payment of compensation to the family members of the deceased who died in a motor accident involving a bus of the Punjab Roadways which was admittedly being driven by the petitioner.
(2.) Brief facts are that the petitioner while working as Driver with the Punjab Roadways, Ludhiana Depot was plying a bus on 24.11.1989 when it was evolved in an accident with a maruti car resulting in the death of one occupant. The legal heirs of the deceased filed a claim for compensation before the Motor Accident Claims Tribunal, Ropar and vide award dated 04.09.1992 (Annexure P-6), compensation to the tune of Rs.1,85,000/- was awarded to the claimant party. A charge sheet dated 25.01.1996 was issued by the General Manager, Punjab Roadways Chandigarh under the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 raising a following charge against the petitioner: "Your duty was on Bus No.6865 as driver on 24.11.1989. You have made the accident of this bus by driving it negligently near Kharpur with one maruti car, whose driver died at the spot and another got seriously injured. The legal heirs of the deceased and the injured filed case no.66/8-5-1990 in the court of Motor Accident Claims Tribunal for compensation. The Hon'ble Court while deciding the case on 04.09.1992 held you responsible for driving the bus negligently and passed an award of compensation to be given to the legal heirs of the deceased and the injured. As such by driving the bus negligently and making the accident of the bus with the maruti car and killing one person have put the govt. treasury to loss to the tune of Rs.1,85,000/- and have made your self an accused."
(3.) Having considered the reply submitted by the petitioner to the charge sheet, Inquiry Officer was appointed and the inquiry report was furnished holding the petitioner to be guilty in driving the bus negligently. Based thereupon, the Director, State Transport, Punjab has ordered a recovery of an amount of Rs.61,667/- from the gratuity of the petitioner vide order dated 20.02.2008 i.e. 1/3rd of the total of the compensation award granted by Motor Accident Claims Tribunal, Ropar. The petitioner preferred an appeal before the Special Secretary, Department of Transport, Punjab but the same has been dismissed in the light of impugned order dated 21.02.2011 (Annexure P-5).;