Recovery cannot be ordered in violation of principles of natural justice.

G. RAJASURIA, J.

Heard Mr. Prabhu Rajadurai, learned counsel appearing for the appellant and Mr.R. Janakiramulu, learned Special Government, for the respondent.

2. Though the matter is listed for considering the question of stay, yet, in view of the very same question being involved in the appeal itself, on consent of the counsel appearing for the parties, the writ appeal itself is taken up for hearing and disposal on merits.

3. This writ appeal is directed against the order of the learned Single Judge, dated 27.6.2006, passed in W.P. (MD) No. 2878 of 2006. A result of facts absolutely necessary for the disposal of this writ appeal would run thus:

(a) Theappellant herein S. Krishnasamy is working in the Police Station. While he was working at Ayakudi Police Station in Dindigul District as Armed Reserve Police Constable (AR.PC) he was deployed to drive a Mahindra Van bearing Regn. No. TCL 3442 belonging to the Police Station. While so, there was a collision between the said van and a two wheeler, which resulted ultimately in the death of the rider of the two wheeler. A case was registered as against the rider of the two wheeler for rash and negligent driving. Since he died, action was dropped as against him.

(b) However, the legal heirs of the deceased filed MCOP No. 315 of 1999 in the Principal District Court, Dindigul, claiming compensation and ultimately the Motor Accident Claims Tribunal fixed contributory negligence on the part of the appellant herein also and accordingly compensation was ordered to be paid by the police department, which paid a compensation of Rs. 2,38,170/-Consequently, as per G.O.Ms. No. 393, Home (Transport IV) Department, dated 1.3.1988, the Superintendent of Police, DIndigul District, the respondent herein, initiated action as against the appellant for recovery of the amount by way of the Government getting reimbursed the compensation amount paid to the legal heirs of the deceased, in 114 installments commencing from the month of April, 2006. The Police department has started recovering the dues from the salary of the appellant herein.

(c) Being aggrieved by the action of the police department in having started recovering the compensation amount in installments from his salary, the appellant has filed W.P. (MD) No.2878 of 2006 before this Court. The learned single Judge, in the order dated 27.6.2006 in the aforesaid writ petition dismissed the writ petition with a finding that the Government Order passed by the Government Drivers and that the action taken by the Police department cannot be found fault with.

4. Being aggrieved by the said order of the learned Single Judge, the appellant has filed the present writ appeal on the following grounds among others.

• (i) The learned Single Judge failed to note that the Superintendent of Police, without giving any opportunity to the appellant, ordered recovery from his salary.

• (ii) The principles of natural justice have been violated by the Superintendent of Police in ordering recovery of such a huge amount from the appellants salary.

5. The point for consideration in this appeal is as to whether the Superintendent of Police, Dindigul District who is the respondent herein, has ordered recovery from the salary of the appellant without adhering to the principles of natural justice and more specifically without conducting a departmental proceedings as contemplated under the relevant Rulese

6. The point:

In the course of hearing of the appeal what transpired from the arguments advanced on both sides is that the Superintendent or Police, without conducting any departmental proceedings, simply ordered for recovery of the amount from the salary of the appellant herein. The order, dated 10.3.2006, passed by the Superintendent of Police is extracted here under for ready reference.

“In accordance with the orders of the Government in G.O.2D.No.297, Home (Pol.XI) Department dated 24.6.2004 communicated in Chief Office Endt. No. 45548/M.T.II (i)/2004 dated