CWP(T) No. 12515 of 2008. 7.7.2011 Present: Mr. Rakesh Bharti, counsel for the petitioner. Mr. Adarsh Sharma, counsel for the respondents. The learned counsel for the petitioner has stated that respondents have imposed penalty of Rs.60,000/- vide office order dated 17.8.2005 Annexure A-1. He has submitted that basically the penalty order is based upon the award dated 13.7.2004 passed by the learned Motor Accident Claims Tribunal (2), Kangra in M.A.C.P. No. 19-D/2002. He has also submitted that petitioner was convicted by the criminal court and petitioner has filed Criminal Revision No. 55 of 2008 titled Gian Chand vs. State of H.P., which is pending in this court. The learned counsel for the petitioner has submitted that now respondent No.1- corporation has taken a decision that in case the driver in a criminal case is acquitted, then no recovery is to be made by corporation from such driver on the basis of M.A.C. case. He has submitted that in CWP(T) No. 2882 of 2008 decided on 15.12.2009, titled Darshan Singh vs. H.R.T.C. this court after noticing the stand of the corporation not to recover the amount from the driver had disposed of the matter. He has also submitted that petitioner has no objection in case office order dated 17.8.2005 Annexure A-1 is made subject to the out come of criminal revision No. 55 of 2008, which has been filed by the petitioner and is pending in this court. The learned counsel appearing on behalf of the respondents has no objection to the prayer made by the learned counsel for the petitioner in view of judgement dated 15.12.2009 passed in CWP(T) No. 2882 of 2008. In these circumstances, the petition is disposed of and it is directed that penalty imposed upon the petitioner vide office order dated 17.8.2005 Annexure A-1 shall abide by the ultimate decision of criminal revision No. 55 of 2008 read with judgement dated 15.12.2009 passed in CWP(T) No. 2882 of 2008. July 7, 2011. ( Kuldip Singh ), (Hem) Judge.