RAJASTHAN STATE ROAD TRANSPORT Vs. KALU RAM

JUDGEMENT

(1.) LEARNED Single Judge has referred a question of law which arose in this set of 29 Civil Second Appeals before him. The question referred to is as under: Whether the Civil Courts have jurisdiction to try such suits?

(2.) THE words 'such suits' used by the learned Single Judge in the question refers to suits which are filed by the employees of Rajasthan State Road Transport Corporation (here in after referred to as 'the Corporation'), challenging either the pendency or the decision of departmental enquiries, instituted against them for their committing misconduct in the course of their employment and claiming their rights or liabilities under the general or common law. For better appreciation it would be relevant to mention the facts giving rise to one of the appeals. In Civil Second Appeal No. 215/83, R.S.R.T.C. v. Kaluram, the plaintiff -respondent was deployed as a Conductor on Bus No. RSG 2986. His bus was checked on January 31, 1978 and the checking staff found that 41 passengers were travelling without tickets. For this a departmental enquiry was instituted against him and proceedings started. Before the final order of dismissal was issued the plaintiff respondent filed Civil Suit No. 33/78 before Additional Munsif No. 2, Jaipur City, Jaipur praying that the Corporation may be restrained from dismissing him. Since there was no stay of proceedings the dismissal order came to be passed and the plaintiff -respondent amended the suit praying that order of dismissal be declared as a nullity being violative of principles of natural justice. It was pleaded in the suit that proper opportunity to defend the plaintiff was not given in as much as even the copies of the documents on which Corporation placed reliance in departmental enquiry, were also not supplied.

(3.) THE plaintiff's suit was decreed by trial court against which the Corporation filed an appeal before the District Judge, Jaipur City, Jaipur which was in due course transferred to Addl. District Judge No. 6, Jaipur City Jaipur. The appeal was dismissed; hence the Corporation filed the second appeal in which question of jurisdiction was raised.