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2022 Supreme(HP) 871

SANDEEP SHARMA
Sandeep Sood – Appellant
Versus
Himachal Road Transport Corporation – Respondent


Advocate Appeared:
For the Petitioner:Mr. Balwant Singh Thakur, Advocate.
For the Respondents:Mr. Vikas Rajput, Mr. Sudhir Bhatnagar and Mr. Narinder Guleria, Additional Advocates General with Ms. Svaneel Jaswal, Deputy Advocate General & Mr. Sunny Dhatwalia, Assistant Advocate General.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 3.5.2017, passed by Managing Director, Himachal Road Transport Corporation, Shimla, whereby an appeal having been filed by the petitioner laying therein challenge to order dated 6.7.2016, passed by Deputy Divisional Manager, Himachal Road Transport Corporation, Tara Devi, thereby retiring the petitioner compulsorily from service, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 3097 of 2018 titled Sandeep Sood v. Himachal Road Transport Corporation, which now stands transferred to this court and re- registered as CWPOA No. 4521 of 2020 , praying therein for following reliefs:

    “I. That the impugned penalty order dated 06-07-2016 Annexure A-14 and rejection order dated 03-05-17 Annexure A-17 being contrary to law may kindly be quashed and set aside in the interest of justice.

II. That respondent corporation may kindly be directed to take back the applicant in service from the date 10.05.2017 with all consequential service benefits.”

2. For having bird’s eye view of the matter, facts relevant for adjudication of the present petition are that the petitioner initially was

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