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2023 Supreme(HP) 125

VIVEK SINGH THAKUR
Mohinder Singh – Appellant
Versus
Himachal Road Transport Corporation – Respondent


Advocates Appeared:
For the Petitioner: Ms. Reeta Hingmang.
For the Respondents: Mr. Raman Jamalta.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner had approached erstwhile HP State Administrative Tribunal against his removal from service vide Office Order dated 8.9.2015 passed by Regional Manager, HRTC Baijnath by filing Original Application No. 5262 of 2015, which was admitted by the erstwhile Administrative Tribunal on 22.6.2017. After abolition of said Tribunal, Original Application was transferred to this Court and registered as CWPOA No. 6429 of 2019 i.e. present petition.

2. Undisputed facts in present case are that petitioner was appointed as a Driver in Baijnath Unit of Himachal Road Transport Corporation (for short ‘HRTC’) on regular basis on 4.3.2000. On 21.6.2008 he was driving bus No. HP 53 A-7503, enrouted from Amritsar to Baijnath and when bus was entering the bus stand of Pathankot, it collided with Motor Cycle, causing death of Motor Cycle rider, leading to registration of FIR No. 65 dated 21.6.2008 under Sections 279, 304-A of the Indian Penal Code against the petitioner, in furtherance whereof petitioner was subjected to trial and was convicted vide judgment dated 3.5.2012 by Judicial Magistrate First Class, Pathankot and, thereafter, Appeal, Revision and Special Lea

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