RAM SUKH Vs. R S R T C

JUDGEMENT

(1.) THE Petitioner was employed as a conductor in the Rajasthan State Road Transport Corporation (for short 'the Corporation' hereinafter ).

(2.) ON June 17, 1982 he was removed from service on the basis of the conviction for an offence under Section 326 of the Indian Penal Code for which he was sentenced to three years imprisonment and a fine of Rs. 1000/ -. The conviction was maintained by the High Court in an appeal. In the order removing the petitioner from service, it was observed that a convicted employee cannot be kept in employment under the Orders of the State Government and therefore, the petitioner's services were terminated.

(3.) THE petitioner contends that the order is bad because it has been passed without complying with the provisions of the Standing Order which requires an enquiry to be held before terminating the services of an employee. It is also contended that since the petitioner had not been given any opportunity of hearing before the order was passed, the principles of natural justice were violated. The decision of this Court in Kuldeep Singh v. Union of India, 1974 RLR 171, Satya Dev Sharma v. State of Rajasthan (1994 Lab IC NOC 426) and that of the Supreme Court in The Divisional Personnel Officer, Southern Railway v. T. R. Challappan, AIR (1976-I-LLJ-68), Town Area Committee, Jalalabad v. Jag-dish Prasad (AIR 1978 SC 1407) and Shankar Das v. Union of India, (1985-II- LLJ-184) were cited in support of his case by the petitioner.