Citation : 2021 Latest Caselaw 28 HP
Judgement Date : 1 January, 2021
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.6417 of 2020.
Date of Decision : January 01, 2021.
.
Surjeet Singh ...Petitioner.
Versus
H.R.T.C. & Others ...Respondents.
Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. H.R. Bhardwaj, Advocate.
For the respondents
r : Mrs. Shubh Mahajan, Advocate.
COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE.
Anoop Chitkara, Judge. (Oral)
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
Whether reporters of Local Papers may be allowed to see the judgment?
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 r 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.
(L. Narayana Swamy) Chief Justice.
(Anoop Chitkara),
Judge January 01, 2021 (ps)
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