IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 6400 of 2008(OA No.164/1999) Decided on : 10.9.2010. Partap Singh …Petitioner. Versus H.R.T.C. and another ..Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Ms. Anjali Soni Verma, Advocate. For the Respondents : Mr. Adarsh Sharma, Advocate. Kuldip Singh, Judge (Oral) The following prayers have been made in the writ petition:- (i) That the order dated 17.11.1998 (Annexure A-1) passed by the respondent No.2 i.e. Deputy Divisional Manager, HRTC, Dharamshala be quashed/set-aside. (ii) That the respondents be restrained from effecting the recovery of any amount from the salary of the applicant as ordered vide impugned order dated 17.11.1998 (Annexure A- 1) and any amount recovered /deducted pursuance to the impugned order may please be ordered to be refund back to the applicant alongwith interest. 2. The learned counsel for the petitioner has submitted that the recovery of Rs.63,840/- has been ordered against the petitioner vide 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 office order dated 17.11.1998 Annexure A-1 in pursuance of award dated 4.6.1997 passed by learned Motor Accident Claims Tribunal (1), Kangra at Dharamshala in MAC Petition No. 113-K/II/96. It has been submitted that even as per the stand of the respondents, the petitioner was acquitted in criminal case by the learned Chief Judicial Magistrate, Kangra at Dharamshala on 13.11.1998. It has been submitted that respondent No.1 on 3.2.2009 has taken a decision to the effect that where recovery orders have been issued by the Regional Manager / Head of offices and concerned driver had filed OAs and stay has been granted against the said recovery, but lateron such drivers have been acquitted in criminal cases, in such cases the recovery order be withdrawn subject to withdrawal of OAs by the official/driver concerned. The learned counsel for the petitioner has submitted that in view of decision dated 3.2.2009 the amount of Rs. 63,840/- cannot be recovered from the petitioner since the petitioner has been acquitted in the criminal case. 3. The learned counsel for the respondents has not disputed the issuance of office order dated 3.2.2009 but he has submitted that office order dated 3.2.2009 is prospective in nature. In CWP(T) No. 2882 of 2008 (OA No. 345 of 1995) titled Darshan Singh Walia Vs. HRTC and others decided on 15.12.2009 this Court has given the benefit of decision dated 3.2.2009 where penalty of recovery of amount was imposed on 18.8.1993 and the award of MACT was dated 30.4.1988. 4. In the present case the award of MACT is dated 4.6.1997 and the impugned order of recovery is dated 17.11.1998. The present case is fully covered by the decision in Darshan Singh Walia (supra), 3 hence the petition is allowed, Annexure A-1 dated 17.11.1998 is quashed. 5. The learned counsel for the petitioner has submitted that despite the interim order dated 19.3.1999 passed by the erstwhile Tribunal, entire amount mentioned in annexure A-1 has been recovered from the petitioner on his retirement. The order dated 19.3.1999 passed by the Tribunal is as follows:- “Notice pending admission. Shri Madan Thakur, Advocate waives service of notice on behalf of the respondents. The reply be filed within six weeks. List thereafter. In the meantime the operation of Annexure A-1 dated November 17, 1998 be not given effect to till further orders.” 6. There is nothing on record that order dated 19.3.1999 was vacated. Now respondents cannot recover Rs. 63,840/- in view of decision dated 3.2.2009 from the petitioner, hence amount of Rs.63,840/- or any other amount recovered from the petitioner in pursuance of Annexure A-1 dated 17.11.1998 shall be refunded by the respondents to petitioner within two months from today, failing which the petitioner shall be entitled to 9% interest on such amount till the date of actual refund of the amount. The petition stands disposed of, so also the pending application(s) if any. ( Kuldip Singh ), September 10, 2010 Judge. (GR)