JOGINDER KUMAR Vs. H R T C

JUDGEMENT

(1.) THE writ petition is filed with the following prayer:-

(2.) ADMITTEDLY, the recovery is based on the award passed by the MACT. The Corporation has now taken the stand that only in case driver is held guilty by the Criminal Court, the recovery is permissible. It is seen from the judgment of the Criminal Court that the petitioner has been acquitted. Learned counsel for the Corporation submits that the decision taken by the Corporation has only prospective effect. That contention has already been turned down by this Court in CWP(T) No. 2882 of 2008. Therefore, this writ petition is allowed with the direction to the respondents to refund the amount, if any, recovered from the petitioner within a period of two months from today. The amount shall be refunded by money order in the name of the petitioner, at the expense of the respondents.