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2000 DIGILAW 217 (BOM)

Anand Shirodkar v. State of Goa

2000-03-30

R.K.BATTA, R.M.S.KHANDEPARKAR

body2000
JUDGMENT - R.K. BATTA, J.:---The petitioner has filed a Public Interest Petition in respect of the excess expenditure incurred on the use of petrol by the Ministers of the State of Goa. The petitioner's contention is that the Ministers are entitled only to petrol of 60 liters and since the Ministers as per statistics supplied in answer to the questions in the Legislative Assembly, have used more than 60 liters of petrol, the recovery should be effected from them. The petitioner also challenges the removal of restrictions on supply of petrol to the vehicles allotted to the Ministers by a decision taken by the Council of Ministers, which decision according to the petitioner, is illegal, unconstitutional, arbitrary, null and void. 2.We have heard learned Advocate for the petitioner and learned Advocate General. 3.In order to appreciate the controversy raised in this petition, we may first refer to various provisions in the Goa, Daman and Diu Salaries and Allowances of Ministers Act, 1964 (hereinafter referred to as the said Act). Section 2(e) of the said Act defines travelling allowance as under :--- "(e) "travelling allowance" means the allowance granted to a Minister to cover the expenses which he incurs in travelling in the interest of public service as against travelling in personal interest or for private purpose, such as journeys for rest or recuperation of health or for attending party meeting or for election campaign." Section 3(2) of the said Act provides that each Minister shall also be entitled to a conveyance allowance of one hundred rupees per month. Section 5 of the said Act as amended, reads as under :--- "5. Conveyance allowance with and without motor car amenities.---(1) Each Minister shall at his option be entitled to the free use of motor car and the services of a chauffeur. The cost of petrol and oil for the car shall be borne by the Minister. (2) A Minister availing of the motor car amenities provided under sub-section (1) shall be entitled to petrol for the car upto a maximum of sixty litres per month, the cost of which shall be borne by the Government. The cost of petrol and oil for the car shall be borne by the Minister. (2) A Minister availing of the motor car amenities provided under sub-section (1) shall be entitled to petrol for the car upto a maximum of sixty litres per month, the cost of which shall be borne by the Government. (3) A Minister who instead of availing of the motor car amenities provided under sub-section (1) uses his own motor car shall be paid a conveyance allowance of three hundred and fifty rupees per month." Section 6 of the said Act which also deals with the use of motor cars by Ministers reads as under :--- "6. Use of Motor Cars owned by Ministers.---(1) A Minister may opt to use his own motor car in lieu of the motor car to which he is entitled under section 5. (2) There may be paid to him by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the purchase of a motor car in order that he may be able to discharge conveniently and efficiently the duties of his office. (3) A Minister, who uses his own motor car whether or not purchased with the aid of advance granted to him by the Government shall be paid a conveyance allowance of two hundred and fifty rupees per month. In such a case, he shall not be entitled to the conveyance allowance as provided in section 3 nor shall he be entitled to the free use of a motor car and to other amenities as provided in section 5." Section 7 which deals with travelling and daily allowances to Ministers reads as under :--- "7. Travelling and daily allowance to Ministers : (1) Subject to the provisions of the Schedule, a Minister shall be entitled to :--- (a) travelling allowance for himself and the members of his family and for the transport of his and his family's effects:--- (i) in respect of journeys to Panjim from his usual place of residence outside Panjim for assuming office, and (ii) in respect of journeys from Panjim to his usual place of residence outside Panjim on relinquishing office, and (b) travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties, whether by land, sea or air. (2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof." Item 1 of the Schedule to the said Act reads as under :--- "1. Travelling on duty :---When travelling on duty by railway or by road or by steamer a Minister shall be entitled to draw travelling allowance and daily allowance at the maximum rates applicable to class I Grade I officers serving in connection with the administration of the Union Territory. Provided that a Minister shall be entitled to draw only half of such travelling allowance if he travels on duty by road in a motor car provided to him under section 5. Provided further that where the cost of petrol in respect of any travel by road on duty is met by Government, the Minister shall be entitled only to the daily allowances, if any, and not and travelling allowance." 4.From the reading of the above provisions of the said Act it follows that each Minister is entitled to free use of a motor car and the services of a chauffeur in terms of section 5 of the said Act and the Minister who avails of the motor car amenity thereunder, is entitled to petrol for the car upto a maximum of 60 litres per month, the cost of which shall be borne by the Government. Section 6 of the said Act gives option to the Ministers to opt for use of their own car in lieu of the car which they are entitled under section 5. In case a Minister opts for the use of his own car, then he is entitled to repayable advance and besides that conveyance allowance of Rs. 250/- per month. In such an eventuality the Minister is not entitled to conveyance allowance as specified in section 3 nor he is entitled to free use of a motor car and to the other amenities provided in section 5. This means that the Minister who opts for the use of his own car will not be entitled to 60 litres of petrol as provided under section 5, but he shall be entitled to conveyance allowance of Rs. 250/- per month. Besides this, section 7(1)(b) entitles the Minister to draw travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties. 250/- per month. Besides this, section 7(1)(b) entitles the Minister to draw travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties. Item No. 1 of the Schedule provides that when travelling on duty by railway or by road or by steamer, a Minister is entitled to draw travelling allowance and daily allowance at the maximum rates applicable to Class I, Grade I officers serving in connection with the administration of the then Union Territory now State. It also provides that where a Minister travels on duty by road in a motor car provided to him under section 5 he shall be entitled to draw only half of such travelling allowance. This is so because for use of motor car under section 5, a Minister is provided 60 litres of petrol and if the said petrol is consumed for the purpose of journey on duty, the entitlement of the Minister is restricted only to half of the travelling allowance. Item No. 1 of the Schedule further provides that where the cost of petrol in respect of any travel by road on duty is met by Government, the Minister shall be entitled only to the daily allowance, if any, and not any travelling allowance. This means that when a Minister travels on duty and the cost of petrol for the said travel is met by the Government, the Minister is not entitled to draw travelling allowance. Therefore, besides the quota of 60 litres of petrol which is sanctioned to the Minister under section 5 of the said Act for his personal use, the Minister can also utilise the petrol at the expense of the Government for tours on official duty, but in such an eventuality the Minister is not entitled to draw T.A. though he is still entitled to draw D.A. 5.The petition is based upon misconception that the Minister is entitled to use only 60 litres of petrol for private as well as official duty which is not so as we have demonstrated above. 6.The petition was initially filed in respect of the figures which were supplied in answers in the Legislative Assembly for the periods 20th May, 1993 to January, 1994 and then from 1st April, 1995 to 6th June, 1995. 6.The petition was initially filed in respect of the figures which were supplied in answers in the Legislative Assembly for the periods 20th May, 1993 to January, 1994 and then from 1st April, 1995 to 6th June, 1995. The challenge in the petition was only in relation to the use of excess petrol and not in respect of the other items which are shown in the reply at page 35 of the petition. In respect of this information an affidavit has been filed by the Under Secretary, State of Goa, stating that the Minister is entitled for free official transport under section 7 of the said Act and that the answers to the starred question at Exhs. P6, P8 and P9 are cumulative of petrol consumed under sections 5 and 7 of the said Act. It is also categorically stated in the affidavit that the Ministers at no point of time till date had claimed T.A./D.A. as provided under the said Act. The petitioner brought further information supplied during the Legislative Assembly from 1-4-1996 to 30-11-96 by filing Annexures A and B. In fact, strictly speaking this information should have been brought by way of amendment to the petition so that it forms part of the substantive petition. Be that as it may, an affidavit in reply has been filed by the Under Secretary, Government of Goa, wherein it has been categorically stated that the figures of T.A./D.A. which are shown in Annexure 'A' are in respect of the claim of Ministers while on tour out of station and those figures include travel fares and not charges of petrol incurred on vehicles provided under section 5 of the said Act. In the said affidavit, it is also stated that with effect from 1-5-2000 in respect of the use of the cars by Ministers separate expenditure on petrol shall be indicated in the log book in terms of Rules 5 and 7 of the said Rules and log books shall be sent to G.A.D. for further needful action. 7.In view of the two affidavits filed by the Under Secretary, Government of Goa, we do not find any merit in the petition which, as we have already pointed out, proceeds on the misconception that the Ministers are only entitled to petrol of 60 litres for private as well as official purpose. 7.In view of the two affidavits filed by the Under Secretary, Government of Goa, we do not find any merit in the petition which, as we have already pointed out, proceeds on the misconception that the Ministers are only entitled to petrol of 60 litres for private as well as official purpose. 8.Learned Advocate General has fairly stated before us that in respect of the use of the cars by Ministers for official purpose , entries in the log book shall be maintained with effect from 1-5-2000 and we accept the statement made by learned Advocate General. 9.Insofar as the challenge relating to removal of restrictions by cabinet decision is concerned, the Under Secretary to the Government of Goa in affidavit dated 13th February, 1997 has himself stated that the Legislative enactment cannot be nullified by a mere cabinet decision and the restrictions, if any could be removed only by valid legislation. It is further averred in the said affidavit that such decision is not binding on the successor Government and more so when the said decision taken in 1991 has not been implemented. In view of the said stand of the Government, this challenge also does not survive. 10.For the aforesaid reasons, we do not find any merit in this petition and the petition is hereby rejected. Rule is accordingly discharged. In the facts and circumstances, there shall be no order as to costs. Petition rejected. -----