- (1.) In this writ application the petitioner has prayed for quashing the order dated 30.09.2006 issued by the respondent no. 3 whereby and whereunder it has been decided to recover Rs. 1,10,000/- from the salary of the petitioner. The petitioner has also prayed for quashing the order dated 22.11.2006 as contained in Memo No. 2870 whereby and whereunder the respondent no. 4 had directed to deduct Rs. 5500/- per month from the salary of the petitioner in twenty installments so that recovery can be made in terms of the letter issued by the respondent no. 3.
(2.) The petitioner was appointed as a Constable in June, 1976 and posted at Hazaribagh. The petitioner obtained the provisional driving licence in 1979 issued by the District Transport Officer, Hazaribagh and thereafter he was posted as a Constable-Driver. An Accident Claim Case No. 130 of 1995 was instituted wherein allegations were made that on account of rash and negligent driving by the petitioner of Police Van No. BR 01H 4609 led to an accident which caused the death of one Jamni Devi. The Accident Claim Case was decided on 24.06.2005 wherein the Tribunal directed the opposite parties to pay an amount of Rs. 1,10,000/- as compensation. Prior to passing of the award by the Tribunal, the petitioner was transferred from Hazaribagh to Nawadah in September, 1995. After bifurcation of the State, the petitioner was transferred from Nawadah to the District of Aurangabad in the present State of Bihar in the year 2001. The respondent no. 3 issued a letter dated 30.09.2006 addressed to the Inspector General of Police (Budget), Jharkhand, Ranchi wherein it was intimated that action be taken for recovery of amount of Rs. 1,10,000/- from the salary of the petitioner. The Superintendent of Police, Aurangabad by virtue of letter dated 10.11.2006 informed the petitioner that the amount of Rs. 1,10,000/- shall be deducted from his salary. Inspite of objection made by the petitioner, direction has been issued by respondent no. 4 to recover an amount of Rs. 5500/- per month in twenty installments from the salary of the petitioner.
(3.) Heard Mr. Ananda Sen, learned counsel appearing for the petitioner and Mrs. Rakhi Rani, learned J. C. to Sr. S. C. II.;