High CourtsDivision Bench(2021) 01 SHI CK 0004

Surjeet Singh vs H.R.T.C. & Others

High Court Of Himachal Pradesh · Decided on 1 January 2021

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6417 Of 2020

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Judgment

11 paragraphs · 237 words

Anoop Chitkara, J

1.

The petitioner, who is working as Driver on contract basis, with the respondent-Corporation and a case was registered against him vide FIR No.

0034/2018, in Police Station, Rampur Bushahr, District Shimla, under Sections 279, 336, 337 & 304A read with Section 34 IPC, 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 contractual service.

2.

Notice. Mrs. Shubh Mahajan, 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.