Charanji Lal v. State Of Punjab Through Secy. Deptt. Of Home Affairs And ORS.

CWP-395-1998 -12024:PHHC:032973

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-395-1998 Date of Decision: 07.03.2024 CHARANJI LAL ... PETITIONER

Versus

STATE OF PUNJAB AND ORS.

... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Laxman Chaudhary, Advocate for Mr. R.S.Bajaj, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

*** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 08.12.1997 (Annexure P-3) whereby respondent has ordered for recovery of Rs.38,331/-. 2.

The petitioner was working with respondent as Driver. He met with an accident. The criminal proceedings were instituted against him wherein he was ultimately acquitted. The Motor Accident Claims Tribunal, Kapurthala awarded compensation to victims of the accident. In the light of order passed by MACT, the respondent ordered to recover a sum of Rs.38,331/- from the salary of the petitioner. This Court vide order dated 13.01.1998 stayed the recovery.

Anju Goel 2024.03.07 15:14 I attest to the accuracy and integrity of this document Chandigarh

CWP-395-1998 -22024:PHHC:032973 3.

By order dated 13.01.1998, the operation of impugned order was stayed. A period of almost three decades from the date of accident and more than two decades from the date of impugned order has passed away. This Court, at this Stage, considering the amount involved and passage of time, does not seem it appropriate to disturb the stay granted by this Court vide order dated 30.01.1998.

4.

Accordingly, the petition stands disposed of with a direction to the respondents that no recovery shall be effected from the petitioner. (JAGMOHAN BANSAL) JUDGE 07.03.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No Anju Goel 2024.03.07 15:14 I attest to the accuracy and integrity of this document Chandigarh