Report No. 152
9. Recovery from Officers
Issue No. 9
Should the law confer power on the Government to recover the amount of compensation from the delinquent officer?
Views of the Academicians
Both are of the view that compensation amount should be recovered from the delinquent officer in full or in part but one has raised debut as to how the money will be collected from individual police man.
Views of the Judges
Out of five judges, four are in favour of recovering the amount from individual and not from the Government. One has not responded to the issue directly. All of them have supported the proposal that recovery should be made from delinquent officer. One has suggested that the recovery should be to the extent it is feasible. The other Advocate is of the view that the recovery should be imposed only in the cases of gross neglect of law causing hurt, torture or injury or death.
Views of the Police Officers
Out of twelve Police Officers, only three are in favour while rest of eight disagreed with the recovery of compensation from individual and one is of the view that it should be left to the discretion of the Government.
Views of State Governments/Union Territories
Out of nine, three of these are in favour of recovering the amount from the delinquent officer and two State Governments are in favour of the recovery from delinquent officer to the extent of 50 per cent. of the amount. The Government of Pondicherry views that at least a small percentage of the compensation should be made recoverable from the delinquent officer.
The Government of Goa disagrees with the proposal. Government of Andhra Pradesh suggests for considering the issue carefully because it is a critical issue. The Government of Mizoram also endorses this view. The Government of Karnataka is of the view that since the trial court will have to determine the quantum of compensation, there need not be any other provision.