None 3967 of 2014 on 31 December 2014

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 3967 of 2014

Decided on: 31.12.2014

Chaman Lal Gupta. ….Petitioner versus HRTC & others. ….Respondents.

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Coram

The Hon’ble Mr. Justice Sanjay Karol, Judge.

The Hon’ble Mr. Justice P.S. Rana, Judge.

Whether approved for reporting or not?[1] No For the petitioner: Mr. A.K. Gupta, Advocate. For the respondents : Mr. Shrawan Dogra, Advocate General with Mr. V.S. Chauhan, Additional Advocate General and Mr. Vikram Thakur, Deputy Advocate General, for respondent No.3.

--------------------------------------------------------------------------- Sanjay Karol, Judge(Oral)

Record reveals that despite opportunities afforded to the respondents, respondents No. 1 and 2 have not filed their reply(s). In fact, this Court was indulgent to respondents No. 1 and 2 on more than three occasions.

2. Mr. A.K. Gupta, learned counsel for the petitioner points out that prior to issuance of impugned orders dated 31.3.2014 (Annexure P-1) and 21.4.2014 (Annexure P-3), no opportunity of hearing was afforded to the petitioner. In terms of impugned orders, recovery is sought to be effected 1Whether local reporters of the newspapers are allowed to see the judgment?

from the petitioner. Action taken is punitive in nature. Principles of natural justice stand violated. As such, and on this ground alone, we quash the impugned orders dated 31.3.2014 and 21.4.2014. Liberty is reserved to the respondents to take appropriate action in accordance with law.

2. With the aforesaid observations, present petition stands disposed of, so alsos the pending applications, if any.

(Sanjay Karol)

Judge

31[st] December, 2014 (kck)

(P.S. Rana)