Karnataka High Court
Sri S Raja vs Union Of India on 22 April, 2022
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P No.25077/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WRIT PETITION No.25077 OF 2018 (S-CAT)
BETWEEN :
SRI. S. RAJA
S/O LATE SHIVALINGAM
AGED 59 YEARS
WORKING AS DIRVER
VO 'B' PC NO.2590
OFFICE OF THE DIRECTOR LRDE
P.B.NO.9234
C.V.RAMAN NAGAR
BENGALURU-560 093
RESIDING AT
NO.36/1A, GANGAMMA TEMPLE STREET
A.NARAYANAPURA
D.V.NAGAR POST
BENGALURU-560 016. ... PETITIONER
(BY SHRI. A.T. MALLYA, ADVOCATE)
AND :
1. UNION OF INDIA
REPRESENTED BY SCIENTIFIC
ADVISER TO RAKSHA MANTRI
AND DIRECTOR GENERAL
R & D ORGANIZATION
MINISTRY OF DEFENCE
'B' WING, SENA BHAVAN
NEW DELHI-110 011.
W.P No.25077/2018
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2. THE DIRECTOR
MINISTRY OF DEFENCE AND
RESEARCH DEVELOPMENT ORGANIZATION
DIRECTORATE OF HUMAN RESOURCES
DEVELOPMENT, 'B' BLOCK
DRDO BHAVAN, RAJAJI MARG
NEW DELHI-110 011.
3. THE DIRECTOR
MINISTRY OF DEFENCE
LRDE, DRDO,
C.V.RAMAN NAGAR
BENGALURU-560 093. ... RESPONDENTS
(BY SHRI. MADANAN PILLAI, CGC)
[THROUGH VIDEO CONFERENCE]
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE QUASHING THE ORDER PASSED BY CENTRAL
ADMINISTRATIVE TRIBUNAL, BENGALURU IN O.A. NO.
170/00176/2018 DATED 15.03.2018 VIDE ANNEX-S BY
ISSUE OF WRIT OF CERTIORARI AND DIRECT THE
AUTHORITIES AND R-1 TO 3 TO STOP THE DEDUCTIONS OF
MVC AWARD AMOUNT FROM THE SALARY OF THE
PETITIONER EVERY MONTH.
THIS WRIT PETITION, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 30.03.2022, COMING ON
FOR PRONOUNCEMENT OF ORDERS, THIS DAY, P.S.DINESH
KUMAR. J, PRONOUNCED THE FOLLOWING:-
W.P No.25077/2018
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ORDER
Petitioner has challenged order dated March 15, 2018 dismissing his O.A. No.170/00176/2018 by the CAT.
2. Heard Shri. A.T.Mallya, learned Advocate for petitioner and Shri. Madanan Pillai, learned CGC for respondent.
3. Undisputed facts of the case are, petitioner was working as a driver with DRDO1. An enquiry was instituted against him on the allegation that he had misused the vehicle belonging to the DRDO for personal purpose and met with an accident resulting in death of a five year old child by name Kum.Shrutika. Her parents had filed MVC No.267/2016 before Additional Small Causes Court, Bengaluru2 in which compensation of Rs.6.50 Lakhs was awarded.
1 Defence Research and Development Organisation 2 'MACT' for short W.P No.25077/2018 4
4. After holding an enquiry, a penalty order has been passed on April 19, 2016 reducing petitioner's pay and to recover the compensation amount awarded in MVC No.267/2016. This penalty order has attained finality. Pursuant to the said order, recovery of money has been ordered as per Annexures-A13 and A16. Petitioner has challenged the same before the CAT. By the impugned order, CAT has dismissed the O.A. Hence, this writ petition.
5. It is not in dispute that the penalty order dated April 19, 2016 directing recovery has attained finality. Recovery of money as per to Annexures - A13 and A16, is the consequences flowing from the penalty order. Hence, no exception can be taken to the order passed by the CAT.
W.P No.25077/20185
6. Resultantly, this writ petition must fail and it is accordingly dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS