Chandigarh

DF-II

CC/670/2021

Ashok Kumar Parjapat - Complainant(s)

Versus

Haryana Sate Transport - Opp.Party(s)

In Person

20 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	670 of 2021
Date  of  Institution	:	05.10.2021
Date   of   Decision	:	20.10.2021

 

 

 

 

 

Ashok Kumar Prajapat, R/o Village Mohalla, District Hisar (Haryana) 125042

             …..Complainant

 

Versus

 

1]  Directorate, Haryana State Transport, 30 Bays Bhawan, Sector 17, Chandigarh 160017 through Director (Chief General Manager, Driver-Conductor & Area Officer of Tobacco at Jind & Bhiwani).

 

2]  Finance Commissioner, Health Department, Haryana, New Secretariat, Opposite Fire Brigade Office, Sector 17, Chandigarh 160017.

 

     ….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

         SH.B.M.SHARMA                      MEMBER

 

 

Argued By: Complainant in person.

 

PER PRITI MALHOTRA, MEMBER

         We have heard the complainant in person on the point of admission of the above noted complaint case.

2]      After hearing the complainant and going through the records of the complaint, it reveals that the complainant is aggrieved from the problem of smoking at public place by the driver & conductor of the bus, which belongs to Haryana Roadways.  The incident took place at Jind Bus Stand. It is stated that the complainant complained about the same to the authority concerned but the OPs after conducting the enquiry, imposed a fine of Rs.200/- on the Driver only.  Alleging the actions taken by the OPs against the smoking at public places i.e. Bus Stands & Buses as well as by public servants (Driver-Conductors etc.) as insufficient & not proper, the complainant preferred the present consumer complaint.

3]       It is well known fact that Smoking at public place is an offence under The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003, which is defined under Section 4 of the said Act, reproduced as under:-

“4. Prohibition of smoking in a public place.- No person shall smoke in any public place.

Provided that in a hotel having 30 rooms or a restaurant having seating capacity of 30 persons or more and in the airports, a separate provision for smoking area or space may be made.  

         The quantum of punishment for the offence of smoking committed in public place and the procedure for Trial of the said offence is incorporated in Section 21 of the above referred Act, which is reproduced hereunder for the sake of convenience:-

“21. Punishment for smoking in certain places.– (1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.

(2) An offence under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974).”

4]       Having considered the provisions of the above referred Act and after going through the facts of the present case/complaint along with the evidence available on record, we have observed that the grievance for which the present complaint has been filed has already been redressed at the level of OP Department, which after holding proper inquiry imposed a fine of Rs.200/- on the driver (who only found guilty) and intimated the same to the complainant. 

         We are of the concerted opinion that once grievance has already been addressed and the guilty has already been punished for the offence committed, then to punish the same person again for the same offence, under any other Act, shall amount to a case of double jeopardy, which is against the principles of natural justice. Thus we refrain to admit the present complaint. 

         Undoubtly healthy environment is an essential aspect of the ‘Right to Life’, not only for human beings but also for other animals on the planet.  Violation, therefore, of the right to healthy environment is patently a violation of the basic Fundamental ‘Right to Life’ guaranteed under Article 21 of the Constitution of India and the protection of violation of fundamental rights is enshrined in Article 32 of The Constitution of India, which is reproduced as under, for the sake of convenience:-

“Article 32 in The Constitution Of India 1949

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution”

 

         The Hon’ble Apex Court has also held that in cases where a personal right to the enjoyment of pollution free air and water is hampered, he can file P.I.L. for the same.  This landmark judgment was given in case of ‘Subhash Kumar vs. State of Bihar & Anr.’ 1991 AIR 420, 1991 SCR (1)5’.

5]       In view of the above, the present complaint being not maintainable is hereby dismissed in limine.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

20^th October, 2021                                                                                                                                                         sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER