Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioner has challenged the order of recovery dated 25.6.2008 passed by respondent No. 2 and sought further relief of mandamus directing the respondent to refund the amount already recovered from the petitioner in pursuance of the impugned order dated 25.6.2008 with interest of 12% per annum.

2. The brief facts leading to the case are that the petitioner while driving a bus of U.P.S.R.T.C. hereinafter referred to as ‘the Corporation’ in the night of 2nd and 3rd April, 1999 had met with an accident due to rash and negligent driving of Dumper Truck No. U.P.78 N 3879 coming from opposite side, resulting which a passenger namely Mohan Lal sitting in his bus had received injuries and ultimately died due to said injuries. Immediately after the said accident the Varistha Kendra Prabhari, U.P.S.R.T.C, Jhansi had inspected the spot in morning of 3rd April, 1999, and submitted a report regarding the aforesaid accident wherein he had very categorically held that the petitioner was not guilty of accident in question. A true copy of the said report is on record as Annexure-3 of the writ petition.

3. It is stated that after lapse of som