IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7252 of 2008. Decided on: October 20, 2010. Parkash Chand. …..Petitioner. Versus H.R.T.C. & Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Mr. V.S. Rathore, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “i) That the Annexure A-1 and Annexure A-2 passed by respondent No. 2 and respondent 3 be quashed/set aside. ii) That the respondents be restrained from recovering any amount as ordered vide impugned orders Annexures A-1 and A-2 and any amount deducted in pursuant to the impugned order may please be ordered to be refunded back to the applicant alongwith interest.” 2. Admittedly, the recovery is based on the award passed by the MACT. The Corporation has now taken the stand that only in case driver is held guilty by the Criminal Court, the recovery is permissible. It is seen from the judgment of the Criminal Court that the petitioner has been acquitted. Learned counsel for the Corporation submits that the decision taken by the Corporation has only prospective effect. That contention has already been turned down by this Court in CWP(T) No. 2882 of 2008. Therefore, this writ petition is allowed with the direction to the respondents to refund the amount, if any, recovered from the petitioner within a period of two months from today. The amount shall be refunded by money order in the name of the petitioner, at the expense of the respondents. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 20, 2010. ( Justice Kuldip Singh ), (karan/vs) Judge. 2