IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 16381 of 2008. Decided on: 25th March, 2010. Balam Singh. …Petitioner. Versus Himachal Road Transport Corporation & anr. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. Rakesh Jaswal, Advocate vice counsel. For the Respondents : Mr. Adarsh Sharma, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner, who is a Driver in the HRTC is aggrieved since recovery steps have been initiated on account of the alleged negligence on his part in driving the vehicle. That negligence has resulted in an accident, whereby the victim had been awarded a compensation by the Tribunal and an amount of Rs.61,920/- subsequently was sought to be recovered from the petitioner in departmental proceedings. It is pointed out that the HRTC has initially taken a stand before the Tribunal that the Driver was not negligent. That apart, it is also pointed out that the petitioner has been acquitted in the criminal case. It is not in dispute that the HRTC has taken a decision that in such cases where driver stands acquitted in the criminal case, there cannot be any recovery. In the above circumstances, the writ petition is allowed. It is directed that there shall not be any recovery in view of the acquittal of the petitioner in the criminal case. The amount withheld/recovered shall be disbursed to the petitioner within one month from the date of production of a copy of this judgment. (Justice Kurian Joseph), Chief Justice 25th March , 2010 ( Justice R.B. Misra ), (tr) Judge.