High CourtsDivision Bench(2020) 09 SHI CK 0089

Sita Ram vs H.R.T.C. & Others

High Court Of Himachal Pradesh · Decided on 2 September 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3319 Of 2020

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Judgment

5 paragraphs · 242 words

Anoop Chitkara, J

1.

The petitioner, who is working as Driver on contract basis, with the respondent-Corporation and while on duty, on 26.8.2014, for rash and negligent driving, a case was registered against him vide FIR No. 138/2014, under Sections 279, 337, 338 and 304(A) of IPC in Police Station, Barmana, District Bilaspur, 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. Mrs. Shubh Mahajan, Advocate waives service and accepts 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.