- (1.) THIS petition for writ is preferred to question correctness of the order dated 08.05.2002, whereby the Superintendent, Maharana Bhupal Government Hospital, Udaipur ordered to recover a sum of Rs.58112/- from the pay of the petitioner in easy instalments of Rs.1200/- per month.
(2.) IT is submitted by learned counsel for the petitioner that the order impugned is apparently bad being passed in violation of the principles of natural justice. Briefly stated, the facts of the case are that the petitioner, a Driver with the respondents, was assigned a duty to drive an ambulance having registration No. RJ-27-C-1006 (Maruti Gypsy). On 18.06.1992 an accident occurred and that caused damage to the ambulance. An FIR was lodged at the Police Station Bhupalpura under Section 279 and 337 IPC. A show cause notice then was served upon the petitioner for recovery of the assessed amount of damage caused to the ambulance. The petitioner in response to the notice aforesaid submitted that on 18.06.1192 at about 06.00 a.m. he was returning to hospital after leaving Mrs. Kamlesh Panjabi at her residence and at that time he stopped the vehicle for few minutes near Sukhadia Circle, Udaipur. At that time, a truck coming from opposite side hit the ambulance causing damage. The respondents by taking into consideration the reply given by the petitioner passed the order impugned. As per the respondents, the petitioner while submitting his response tendered apology for causing the accident and therefore, treating the same as admission of negligence, decision was taken to recover the amount equivalent to the loss caused.
(3.) IN reply to the writ petition it is also stated that necessary investigation in the matter is yet pending.;