MUKESH CHAND KUNDARA Vs. MANAGING DIRECTOR, RSRTC

JUDGEMENT

(1.) D.B. Civil Misc Application No. 81/2021 1. Delay of 1959 days in filing this appeal, is condoned. Application filed under Sec. 5 of the Limitation Act stands disposed of.

(2.) By this appeal, challenge has been made to the order of learned Single Judge dtd. 21/7/2015, whereby the writ petition filed by the petitioner-appellant, was dismissed.

(3.) Briefly stated the facts of the writ petition were that the petitioner was appointed on the post of Conductor in the respondent Corporation by order dtd. 9/11/2011. The petitioner joined his duties on 16/11/2011. It is the case of petitioner that he had worked hard in performance of his duties with sincerity, dedication and satisfaction, despite that he was harassed by issuance of several charges-sheets against him. He was also punished in some of the charge-sheets which had been issued against him. Thereafter show-cause notice dtd. 18/10/2013 for carrying passengers without ticket on 29/8/2012 and 10/9/2012, was issued. He was not given any opportunity of hearing. The inquiry was conducted ex parte and without complying with the rules of natural justice. The Inquiry Officer submitted the inquiry report and found him guilty of the charges of carrying passengers without ticket. The Disciplinary Authority passed the order dtd. 10/1/2014, whereby the services of the petitioner were terminated from the post of Conductor. The petitioner had filed an appeal before the Appellate Authority but the Appellate Authority also dismissed the appeal without any application of mind and without taking into consideration the reply filed on behalf of the petitioner-appellant. Hence, the writ petition was filed with following prayers :-