IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No.19 of 2011. (OA No.268 of 2000) Date of decision: August 24, 2011. Raj Kumar. …. Petitioner. Versus H.R.T.C.and another. …. Respondents Coram The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 No. For the Petitioner : Mr. Rupinder Singh, Advocate. For the respondents : Mr. Adarsh Sharma, Advocate. Surinder Singh, J (oral): Petitioner-Driver of the respondent-Corporation was charge-sheeted for the minor penalty vide Office Memo No.1467 dated 12.5.2000, for allegedly causing accident on 15.8.1997, and a criminal case under Sections 304-A, 279 and 427 of the Indian Penal code was also registered against him. Petitioner faced trial in the aforesaid case on the Police Cr.Challan No.102/1 of 29.9.1997 and vide its judgment passed by the learned trial Court, he was acquitted on 30.11.1999. 1 Whether the reporters of Local Papers may be allowed to see the judgment ? - 2 - 2. The Regional Manager of the respondent- Corporation considering the aforesaid judgment of acquittal, vide Office Order dated 7.6.2000 (Annexure-A) ordered to recover the loss sustained to the Corporation to the tune of ` 1,30,804/- in 30 equal instalments from the salary of the petitioner, which was challenged by him by filing Original Application No.268 of 2000 before the erstwhile Administrative Tribunal and after the abolition the Tribunal, it was transferred to this Court and registered as CWP (T) aforesaid. 3. Admittedly, respondent-Corporation issued a Circular No.HO:4-3 (380)/2006 dated 8th November, 2007, which has been placed on record whereby in such a situation, no recovery of award amount by the Motor Accident Claims Tribunal shall be made from the such drivers, in case the petitioner is acquitted in a criminal case. 4. Since the petitioner stands acquitted vide judgment passed by the learned trial Court, therefore, the impugned order Annexure-A dated 7.6.2000, is hereby quashed and set-aside. Consequently, the petition is - 3 - allowed. Consequences to follow. Pending application(s), if any, shall also stands disposed of. (Surinder Singh), August 24, 2011. Judge. (Pds)