SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the order (Annx. 3) dated 2 -4 -1985 whereby the respondent State has refused to make a reference may be set aside and a direction may be given to the respondent State to refer the matter under Section 12 of the Industrial Disputes Act to the Tribunal for adjudication.

(2.) THE petitioner was an employee of the Rajasthan State Road Transport Corporation. He was charge -sheeted and after regular enquiry he was found guilty of carrying passengers without ticket and thereafter on the basis of the report of the Enquiry Officer his services were terminated. He requested the State Government for making a reference to the Tribunal, but the State Government declined to make a reference by the order dated 2 -4 -1985 (Annx. 3). Against this order, the present writ petition has been filed by the petitioner before this Court.

(3.) THUS , in the present case, the petitioner's grievance is that the enquiry conducted against him was not proper and he was not given reasonable opportunity. This requires adjudication that whether the petitioner was afforded a reasonable opportunity or not and inquiry was held in accordance with law or not. This is not within the domain of the administrative function of the State Government. This touches the merit and that should be adjudicated by the Tribunal after hearing both the parties. Thus, the order of the State Government dated 2 -4 -1985 (Annx. 3) is quashed and the State Government is directed to reconsider the matter for making a reference.