Since the introduction of Fast tag in toll tax collection, the issue regarding illegal demand of toll tax from soldiers has been raised many times. Development took place in this matter and no result was found till the end. If the law says something, then the people doing duty on toll will implement something else. There is a lot of injustice with the soldiers at many places. Many times there has been misbehavior with many officers as well. In the matter of toll tax, now a very good decision of the court has come out on toll tax in the interest of the soldiers. The recent judgment of the Court clearly states that a fine of Rs 10000 will be imposed on those who collect toll tax.
That is, for taking toll tax from the jawan, a fine of Rs 10,000 has been imposed on the toll tax employee, on the toll tax agency & on the company. And the amount of Rs 3000 towards spent for filing the case in the court has also been punished. This has come after taking out the order of the court. Court imposes fine – The government has exempted toll tax for the soldiers, yet many times soldiers have to face difficulties.
Some other information has been extracted, when this issue went to the court, then some more facts were extracted there, that is, the proper information, the policy, that story does not reach the people. They are not publicized properly. Toll tax agency does not have rule regulation and if there is , then they are not ready to accept it. There are instructions from the Ministry of Road Transport, yet the floor agency does not follow them. The letter and authority in this regard has already been published on this website.
Let’s go through it one by one, why this issue is complicated and why the court has fined the toll tax collectors. What did the court find that the logic do toll tax collectors have that they collect toll tax and do not follow the rules and regulations?
Know all these things in detail. This is District Consumer Dispute of District Sikar Rajasthan i.e. know how it went in the District Consumer Forum and who has appealed. A Flying Officer of the Indian Air Force at that time was posted in Jorhat Assam. The IAF Officer being a victim filed the case at Consumer Forum and raised his grievance against the Respondents i.e Additional District Collector , Officer National Highway Authority, Sikar Rajasthan and Project Director of National Highway. The case (appeal) was filed under Section 12 of the Consumer Protection Act 1986 (Consumer Protection Act 1986) which was introduced by the government in the Lok Sabha on December 5, 1986.
The brief form of this case is as follows – The petitioner, serving Flying Officer of IAF was posted in Assam and was on leave on 25 July 2015. He was going from Jaipur to Sikar at his own car during leave and was asked to pay a toll at Akshay Pura Toll at 8:41 and 27 seconds at night. He introduced his identity that “I am a soldier and showed his ID card”, even after showing all these things, no one listened to him. And the toll employees misbehaved with him using unparliamentary language. The officer was compelled to pay the toll fees vide receipt number 36241 for Rs 35 . The matter was not of money, it was a matter of rules and regulations. Rule of law was denied by the toll plaza.
Inspite of having clear order from the government that whenever a soldier goes through toll plaza, the toll staffs will pay respect them has to stand up and show respect. Other rules and regulations, when the toll tax of the defense personnel of their serving jawans is waived, then that too was taken away. So in this way he felt insulted and approached the court. When the door of the court has been knocked, different documents have been submitted from both the sides i.e. from their side as well as from their opponents. The respondents presents that, according to Section 11 of the National Highway Toll Tax Collection Rules 2008, these employees do not come under the purview of toll tax exemption, so the toll tax taken from them means that what has been taken from them has been taken as per their rules.
Defending of Toll Management
According to the respondents, there is nothing wrong with this. Therefore, this appeal should be rejected as it was entered by Respondent No.2. Now what has been said on behalf of respondent no. 2 – Under Clause 2 of the Office Memorandum dated June 17, 2014, issued by the Ministry of Roads and Highways, Government of India, it has been told that the Indian Navy Army and Air Force personnel will get the exemption. When on duty means those who are on duty, that exception is only for them. And the second provision they have told is that of retired persons i.e. those who are in service. According to them, one who is on duty is exempted and the ex-serviceman who is retired is not exempted. No exemption is available on personal vehicles. Means it is also clearly said that it is not for personal vehicles, if that personal vehicle is being used for government duty then it will be a matter.
Petitioner was using his father’s car. So here the personal vehicle was also not his own, so in this way he has to say that according to all these things, th case should be closed according to the toll tax rules. There is no further scope in this. They argued in this way, so now see friends, here the statement given by the respondents, according to a copy of a circular issued by the Department of Legal Affairs, Ministry of Law and Justice dated October 21, 2014.
Documentary Evidence produced by the petitioner IAF Officer
The victim has produced the authority which indicated that the Indian Tolls for Army Navy and and Air Force Act 1901, service and private vehicles of the officers and soldiers and men of regular forces are exempted from paying toll tax irrespective of whether they are on duty and not.
Means it has been said here that the soldier, whether he is on duty or not on duty, is toll exempted. Here it has been clearly stated and it has been said by the Ministry of Law and Justice. Though , there is a contradiction between what the Ministry of Law and Justice is saying and the circular which is the Office Memorandum issued in 2014 by the MoRT. What are they saying? People are taking out their definition according to their own opinion, but here, when this decision came up in the court, then here, is it on one’s own free will, there under the judicial system of the Government of India, all the factors are seen on everything. After a detailed study, the outcome of the court decision expressed in favour of the appellant. The whole thing got cleaned by taking it out there. Means very clear and what was pronounced in the judgement, what was told in the judgement, now let us go straight towards the judgement. Rest is a long and wide story, there is no use in criticizing it here. Where did the judgment go as follows 👍
In short, Firstly, the toll that was taken Rs 35 earlier, the recovery made earlier should be refunded to the petitioner by the Toll Plaza Authority. Secondly, Rs. 10,000/- rupees to be paid by the Toll Plaza Authority to the petitioner for mental agony i.e. the one who has suffered mental torture, though he had demanded 80000 rupees. . Thirdly, ₹ 3000 will be paid to the petitioner on account of legal expenses incurred by him in fighting this.
There were three respondents i.e. one who was managing the toll and one principal company has given this order for them and those who were doing special management, the management respondent was ordered to deposit Rs 10,000 immediately to the Govt treasury in welfare fund. And the respondent number one i.e. the Additional District Collector was excluded from it. This is how the decision was heard.
Friends, on February 27, 2018, this decision was taken by the court – in this context of toll collection. Now, since then till now too many such incidents of toll have come, there have been fights at many places, insults still happening. Are such things not publicized? This thing does not reach the people. There is no such mechanism which can understand the rules and regulations as proper to them. Work according to the rules. This type of decision comes after going to the court, yet when they go to the toll plaza, money is collected forcefully there.
And since when did this start, since Fast Tag was introduced – when there is a provision for exemption in toll for serving personnel, then why don’t the officers of their units give certificates to get them free fast tag ? The soldiers who are serving as officers and the soldiers who in a command, they need a certificate from the command to get exemption of Toll Tax for their personal vehicle , then if this happens then their free fast tag will be issued . But they do not get the certificate from the authority.
Some people carry a leave certificate with them to get a toll tax exemption. No need to produce it. It is clear cut here that whether he is on duty or not is exempted from paying toll tax. It has been repeatedly said that the soldier is on duty 24 * 7. One may be on leave now but at night he gets a message that he will be recalled and will go to his parent unit immediately.
Now you must have seen an insidious incident where a girl jumped into the river, where one of our soldiers risked his life to save her life. There was a lot of discussion, it was also on Twitter, which was also honored. Such a soldier should get a gallantry award.
In the 31st meeting of Kendriya sainik Board the COAS has proposed to take special initiative so that the Exservicemen be given proper respect in the society. You may read thios article as below :-
- 8th CPC News
- Defence News
- Dependent of ESM
- Disability Pension
- ECHS update
- Fauji Story
- Govt Service Rules
- health guide
- Jobs for ESM
- OROP Latest News
- OROP revision
- Pay Fixation of Reemployed ESM
- Service Pension
- Welfare of ESM
- Welfare of serving personnel