CWP(T) No. 12508/2008 06.04.2011 Present: Mr. Vikas Bhardwaj, Advocate, for the Petitioner Mr. Adarsh Sharma, Advocate for the respondents Petitioner was driving the bus owned by HRTC which met with an accident. According to the petitioner, he was not at fault and in fact he got the F.I.R. registered against the driver of the offending vehicle. This fact stands substantiated from the judgment dated 1.11.2007 passed by Judicial Magistrate Ist Class, Kharar, copy of which is taken on record. 2. Disciplinary proceedings were initiated against the petitioner. Petitioner responded to the show cause notice dated 29.12.2003 (Annexure A-1) and without taking the inquiry to its logical conclusion, in accordance with CCS (CCA) Rules, 1965, penalty of recovery of Rs.72,000/- was imposed upon the petitioner in terms of office order dated 30.6.2005 (Annexure A-3). Petitioner has no where admitted his guilt of having misconducted himself before the Disciplinary Authority. Consequently, action initiated by the respondents in concluding the inquiry, summarily is illegal in law. Without holding proper inquiry of his having misconducted himself in the course of discharge of his duties, penalty of recovery of the amount in question could not have been fastened upon the petitioner. As such, Annexure A-3 is quashed. Further, the respondents themselves have taken a decision by issuing notification dated 3.2.2009. Notification in the instant case will apply with greater rigor as the petitioner was no where at fault. 2. With these observations, petition stands disposed of. April 06, 2011 ( Sanjay Karol ), (rana) Judge.