IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 11649 of 2008 Date of Decision : December 28, 2011 Smt. Mahantu Devi w/o Late Shri Krishan Lal, R/o Village Slapper, Post Office Sudahan, Tehsil Sundernagar, Distt. Mandi, (HP) – erstwhile Driver Himachal Road Transport Corporation, Sundernagar Region, Distt. Mandi, H.P. Petitioner Versus 1. Himachal Road Transport Corporation, through its Managing Director, Shimla-171001. 2. Deputy Divisional Manager, Himachal Road Transport Corporation, Sunder Region, Sundernagar (HP). 3. Financial Advisor and Chief Accounts Officer, Himachal Road Transport Corporation, Shimla. Respondents Application under Section 19 of the Administrative Tribunal’s Act, 1985. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Dinesh Thakur, Advocate, for the petitioner. For the respondents : Mr. Adarsh Sharma, Advocate, for the respondents. Whether reports of Local Papers may be allowed to see the judgment? 2 Justice Sanjay Karol, J. (Oral) It stands clarified by the respondents that Sh. Kishan Chand (now deceased), husband of the present petitioner, was acquitted in terms of judgment dated 22.4.2000 passed by J.M.I.C. Karnal. Matter pertained to an accident which took place in the State of Haryana. F.I.R. was lodged against Sh. Kishan Chand who was allegedly driving the bus in a negligent manner. The bus was owned by the respondents. Simultaneously disciplinary proceedings were also initiated against Sh. Kishan Chand. Since the injured in the very same accident were awarded compensation, in separate claim petitions filed by them under provisions of the Motor Vehicle Act, 1988, in the disciplinary proceedings Sh. Kishan Chand was directed to pay a sum of ` 72,500/- as his share of the compensation awarded by the Tribunal. 2. The issue with regard to such liability now stands fully settled by this Court in CWP(T) No. 2882 of 2008, titled as Darshan Singh versus H.R.T.C., decided on 15.12.2009, wherein it is held that where drivers employed by the respondents stand acquitted in a criminal case no amount is to be recovered from them. Also respondents themselves have issued instructions dated 3.2.2009 in this regard. 3. Consequently impugned orders of recovery affected from Sh. Kishan Chand are quashed. Respondents are directed to immediately disburse all retiral benefits of the deceased employee and also refund the amount deducted in favour of the petitioner who 3 undoubtedly is the legal heir of the deceased employee. All consequential action shall positively be taken within a period of three months from the date of receipt of certified copy of the judgment, failing which, then thereafter, petitioner shall be entitled to interest @ 9% p.a. which shall be personally recovered from the erring official(s). Petition stands disposed of, so also the pending application(s), if any. (Justice Sanjay Karol), Judge. December 28 , 2011 (PK)