RSRTC Vs. SURENDRA SINGH RAJAWAT

JUDGEMENT

(1.) THE petitioner - Rajasthan State Road Transport Corporation, Jaipur (hereinafter referred to as 'the petitioner Corporation', for short), in the instant writ petition, projects a challenge to the legality, validity and correctness of the award dated 2nd July, 1997 passed by the Industrial Tribunal, Jaipur (for short 'the learned Tribunal') interfering with the order of penalty dated 8th May, 1978 imposing a penalty of two annual grade increments on the respondent/workman (Surendra Singh Rajawat). Shron off the unnecessary details, the essential material facts necessary for adjudication of the controversy are:

(2.) THE learned counsel for the petitioner -Corporation reiterating the contents of the writ application, submitted that the learned Tribunal fell in gross error of law and facts while interfering with the penalty imposed after conducting the departmental inquiry as per prescribed procedure. The learned counsel referring to the contents of the charge -sheet dated 12th December, 1977; copy of the Bus Checking Report (for short 'the B.C.R.') dated 8th November, 1977 and the statement of Shri S.C. Khandel, further contended that from the note appended by the Inspection Team, it is evident that the respondent/workman (Conductor) was found punching the tickets of 13 passengers during the course of checking and 6 passengers were found without ticket though fare had been collected from all the 19 passengers and this fact was further corroborated and substantiated by the statement of Shri S.C. Khandel. The learned counsel for the petitioner -Corporation then argued that the respondent/workman was obliged to issue the tickets before the Bus started for journey and thus, there was no justification for the respondent/workman for not issuing the tickets, even after having collected the fare from all the 19 passengers, much before the inspection was conducted by the Inspection Team.

(3.) I have heard the learned counsel for the parties and with their assistance perused the materials available on record.