IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 8677 of 2008. Decided on 29.06.2010. _____________________________________________________ Sukh Ram. …Petitioner. -Versus- H.R.T.C. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. __________________________________________________________ For the petitioner. : Mr. R.S. Gautam, Advocate. For the respondents : Mr. Adarsh Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): The petitioner was deployed as a Driver with bus No. HP-07-2729 on 6th July, 1998. The bus met with an accident, causing death of a person. The legal representatives of the deceased person filed M.A.C.T. claim petition before the learned M.A.C.T. The learned M.A.C.T. awarded a sum of Rs.1,76,000/- in favour of the claimant. Thereafter, the petitioner was charge- sheeted for causing loss to the Corporation to the tune of Rs.14,495/-. However, the disciplinary authority imposed the penalty of recovery of Rs.88,000/- being ½ share of the amount which was awarded by the learned M.A.C.T. Petitioner was also challaned under Sections 279 and 304-A of the Indian Penal Code. He was acquitted by the learned Sub-Divisional Judicial Magistrate vide judgment dated 03.04.2003. It is represented by 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes. - 2 - the learned Advocates appearing on behalf of the parties that the judgment dated 03.04.2003 had attained finality. 2. Mr. R.S. Gautam, learned counsel for the petitioner has placed on record a copy of letter dated 8th November, 2007 issued by the Managing Director of the respondent Corporation. The text of the letter reads thus: “Subject: Recoveries of amount awarded by MACT in bus accidents. Memo, A large number of references are received from the Unit Officers regarding recovery of the amount awarded by MACT in accident cases. Though in the past, numerous instructions have been issued by this office conveying therein that the amount of the MACT award is required to be recovered from the driver concerned. But, references are made on the grounds that in case particular driver is acquitted by the Criminal Court in that event whether the recovery of awarded amount is to be effected or not. This matter was discussed in the meeting with the Joint Action Committee held on 17.8.2007 and it was decided vide item No. 13 that in case driver is acquitted in criminal case, no recovery of awarded amount by the Ld. M.A.C.T. shall be made from such Drivers. Copy of Proceeding of the Joint Action Committee meeting held on 17.8.2007 stands already supplied to the Unit Officers on 11.9.2007. You are, therefore, informed not to effect any recovery of awarded amount, in case he is acquitted in the criminal case.” 3. In the present case also, the petitioner has been acquitted by the learned trial Court on 03.04.2003. 4. Accordingly, in view of the decision arrived at vide letter dated 08.11.2007, the writ petition is allowed. Annexure A- - 3 - 6, dated 23.03.2004 is quashed and set aside. The respondents are directed to release the retrial/pensionary benefits to the petitioner within a period of eight weeks from today. The respondents shall also consider the case of the petitioner for the release of one increment which was withheld due to imposition of penalty. No costs. (Rajiv Sharma) Judge June 29, 2010. (bhupender) - 4 -