HANUWANT SINGH Vs. RSRTC & ORS.

JUDGEMENT

(1.) These writ petitions are preferred by the petitioners being the regularly selected Conductors in the respondent RSRTC challenging the orders, whereby their probationary services were terminated by the respondents. The matters involve common questions of facts and law and thus, all the writ petitions are being decided together by this single order. For the sake of brevity, the dates of the respective orders terminating the petitioners' probationary services are mentioned in the chart below: <FRM>JUDGEMENT_328_LAWS(RAJ)8_2015_1.html</FRM>

(2.) The petitioners having been selected through a proper selection process, were working as Conductors at the Barmer Depot and Dungarpur Depot in the respondent RSRTC as probationaries. Notices came to be served to them with almost identical allegations of misconduct viz. allowing ticketless passengers to travel in the buses, wherein they were performing duties as Conductors. They were provided with an opportunity of hearing but thereafter, the above mentioned impugned orders came to be passed by the Depot Manager, Barmer directing termination of the probationary services of the petitioners assigning reasons that the petitioners' services were found unsatisfactory during their probation period and thus, they were being terminated from service. Before issuance of the orders under challenge, the respective petitioners were given notices to the effect that disciplinary proceedings were proposed against them but thereafter, instead of conducting inquiry, the orders under challenge came to be passed whereby the petitioners' probationary services were terminated. The petitioners have approached this Court by way of these writ petitions assailing the action of the respondents in terminating their probationary services by the orders under challenge.

(3.) Learned counsel for the petitioners relied upon the following judgments in support of the contention that termination of the services of a probationary employee for punitive reasons cannot be ordered without holding a mandatory inquiry as per the service Rules and Regulations and is a mandatory pre-requisite as per Article 311 of the Constitution of India:-