High CourtsDivision Bench(2020) 09 SHI CK 0031

Ajay Kumar vs H.R.T.C. & Others

High Court Of Himachal Pradesh · Decided on 4 September 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3389 Of 2020

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Judgment

5 paragraphs · 255 words

Anoop Chitkara, J

1.

The petitioner, who is working as Driver on contract basis, with the respondent-Corporation and two cases were registered against him vide FIR No. 111/2014, under Section 451, 504 read with Section 34 IPC, in Police Station, Bhoranj, District Hamirpur and FIR No.153/2015, under Sections 279, 337 IPC and Section 185 & 196 of M.V. Act in Police Station, Bhoranj, District Hamirpur, H.P., has come up before this Court seeking a direction to the respondents to regularize his services from the date when he has completed three years of service.

2.

Notice. Mr. Vikas Rajput, Advocate appears and accepts service of notice on behalf of the respondents.

3.

Learned counsel representing the petitioner has placed reliance upon the judgment of Division Bench of this Court in CWP No. 2110 of 2019, titled Rajinder Kumar versus Himachal Road Transport Corporation & Another, decided on 22.10.2019, wherein, after placing reliance on the judgments of Hon'ble Supreme Court, it was held that a criminal case, when comes in the way of regularization, in respect of an employee, it has to be carefully scrutinized by the Head of Officer or Appointing Authority, unless it is to be held that it is a case of a serious nature.

4.

Consequently, this petition is disposed of with a direction to the respondents to consider the case of the petitioner for regularization, in the light of the judgment of this Court in CWP No.2110 of 2019 (supra), within a period of three months. Pending application(s), if any, are closed.