1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. C.W.P(T) No. 11609 of 2008 Date of Decision: 26.12.2011 Naresh Kumar son of late Shri. Prem Lal, R/o Kunihar, P.O kunihar, Tehsil Arki, Distt. Solan, presently serving as conductor under the H.R.T.C, Region, Nahan, Distt. Sirmaur. .. Petitioner. Versus 1. The H.R.T.C thorugh its Managing Director with hqrs at Shimla. 2. The Deputy Divisional Manager, H.R.T.C. Nahan, Distt. Sirmaur, H.P. ..Respondents. Application under Section 19 of the H.P Administrative Tribunal Act, 1985. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. A.K Gupta, Advocate For the Respondents : Mr. Adarsh Sharma, Advocate Sanjay Karol, J. (Oral). In terms of impugned order dated 7.1.2004 (Annexure P-2) a sum of ` 32,238/- is sought to be recovered from the petitioner. The same was done pursuant to the award dated 1.4.1997 passed by Motor Accident Claims Tribunal, Solan in M.A.C Petition No. 53-S/2 of 1993. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2. Petitioner has placed on record judgment dated 22.1.1999 passed by Judicial Magistrate, Ist Class, Solan in case No. 251/2 of 1995/94, acquitting him of the charged offences in relation to the very same accident pertaining to which award dated 1.4.1997 was passed. 3. Hence, keeping in view the decision rendered by this Court in CWP(T) No. 2882 of 2008, titled as Darshan Singh Vs. H.R.T.C decided on 15.12.2009, as also instructions dated 3.2.2009 issued by the respondents themselves, the petition needs to be allowed. In such of those cases where drivers of HRTC stand acquitted by way of policy decision no money is to be recovered. Consequently, order dated 7.1.2004 Annexure P-2 is quashed. Since the amount already stands recovered from the petitioner, the same shall be immediately refunded. Copy Dasti. (Sanjay Karol),Judge. December 26,2011 (Priti)