Harjindar Singh v. Uttarakhand Transport Corporation Dehradun

2024:UHC:9715 HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE SRI JUSTI CE RAKESH THAPLI YAL W RI T PETI TI ON ( S/ S) NO. 2 3 9 0 OF 2 0 2 4 1 9 TH DECEMBER, 2 0 2 4 Harjindar Singh

…..Petitioner. Versus Uttarakhand Transport Corporation & another

….Respondents. Counsel for the Petitioner : Mr. Kishore Kumar,

learned counsel. Counsel for the Respondents : Mr. Lalit Samant, learned

counsel. Th e Cou r t m ade t h e follow in g : JUDGMENT:( per Hon 'ble Ju st ice Sr i Rak esh Thapliyal)

By the instant writ petition, the petitioner is praying for the following reliefs: - "(i) Issue a writ order or direction in the nature of mandamus by calling the records and declared the impugned order 23-08-2024 (Annexure No.1) as arbitrary, illegal and against the provision of law and quash the same and further direct the respondents to forthwith release the recovered amount of Rs.1,42,586.00 (Rupees One Lakh Forty-Two Thousand Five Hundred Eighty Six Only) along with 18% interest after calling the entire records from the respondents in view of the judgment of Hon'ble Apex Court in the case of St at e of Pu n j ab v s. Rafiq Masih & ot h er s ( 2 0 1 5 ) 4 SCC 3 3 4 , and Judgment dated 14-06-2022 of this Hon'ble Court in the case of "Balam Singh Aswal vs. Managing Director and others" in Writ Petition No.1593 of 2021 (S/ S) and judgment and order dated 04-04-2024 passed in Special Appeal No.245 of 2022 "Managing Director, Uttarakhand Transport Corporation vs. Ashok Kumar Saxena" and j u dg m en t dat ed 2 1 - 1 0 -2 0 2 4 in w r it pet it ion n o.1 9 8 8 of 2 0 2 4 " Jeew an Ch an dr a vs. Man agin g Dir ect or Ut t ar ak h an d Tr an spor t Cor por at ion & ot h er s" , or in alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately."

2.

Heard learned counsel for the parties and

2024:UHC:9715 perused the record.

3.

At the very outset, learned counsel for the petitioner would submit that that the matter is squarely covered by the judgment dated 04.04.2024 passed by the Division Bench of this Court in Special Appeal No.245 of 2022, "Managing Director, Uttarakhand Transport Corporation, Dehradun, vs. Ashok Kumar Saxena & connected cases".

¶4Learned counsel for the respondent-Corporation has not disputed this fact.

¶5Since, the matter is covered, therefore, the instant writ petition is also decided in terms of the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, "Managing Director, Uttarakhand Transport Corporation, Dehradun, vs. Ashok Kumar Saxena & connected cases".

6.

Pending application, if any, also stands disposed of. ''

( RAKESH THAPLI YAL, J.)

Dated: 19th December, 2024 NISHANT

NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5ddtia4c574afatifd63133605ca57cdc 00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC6 3A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.12.31 15:06:01 +05'30'