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Judgment
B.S. Verma, J.—Heard learned Counsel for the parties.
By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 31.12.2009, passed by respondent No. 4, whereby it was directed that recovery of Rs. 1,72,149/- has to be made from the salary of the petitioner.
Facts of the case are that petitioner was working as Conductor in Uttarakhand Transport Corporation. On 18.06.2002, the bus of which petitioner was Conductor, met with an accident. Resultantly, Motor Accident Claim Case award was made against the Corporation. The petitioner was examined as a witness on behalf of the respondents. It is not disputed that Driver of the vehicle was driving the bus.
4.Therefore, in the facts and circumstances of the case, the petitioner has no role to play. Prima facie the order has been passed against the petitioner on wrong assumptions.
Having heard learned Counsel for the parties, prima facie this Court is of the view that the impugned order dated 31.12.2009, passed by respondent No. 4, is erroneous in law.
Till the next date of listing, the operation of the order dated 31.12.2009, shall remain stayed. (Stay application No. 7628 of 2010, stands disposed of).
Learned Counsel for the respondents prays for and is allowed three weeks'' time to file counter affidavit.
List this petition after three weeks.