RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order dated March 30, 1982 (Annexure -2) by which his services as Upper Division Clerk with non -petitioner No. 2 the Rajasthan State Road Transport Corporation (for short 'the Corporation' here in after) were terminated and Annexure 1 dated April 11, 1983 informing the petitioner that his appeal had been dismissed by the General Manager of the Corporation.

(2.) THE case of the petitioner is that he was Upper Division Clerk with the non -petitioner Corporation and was posted at Jodhpur. That, vide order dated September 16, 1976, he was transferred to Banswara and joined duty there on September 25, 1976. That, as the petitioner was not being paid his salary, he left for Jodhpur leaving an application for leave in the Office at Banswara because no other Officer was available there. That, after coming to Jodhpur he made an application for extension of leave but did not receive any intimation. That, the silence of the Authorities sanctioning the leave led him to think that the leave was sanctioned. That, vide Order dated November 5, 1977 he was put under suspension pending inquiry and a charge sheet dated November 5, 1977 was served upon him. The allegations levelled were that he had left the Office at Banswara soon after joining there without permission and getting the leave sanctioned and as such his misconduct fell within the ambit of Rule 34 of the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 (for short 'the Standing Orders'). The petitioner has stated in detail the various dates fixed for the inquiry and the reasons for the delay in inquiry, sometimes because of his illness and sometimes because of the Inquiry Officer not being present. That, the petitioner was not paid subsistence allowance for the period of his suspension despite his making prayer for it and the Divisional Manager, Udaipur, sending letter to the Depot Manager Banswara and the letter in his turn asking the Depot Manager, Jodhpur to send the Last Pay Certificate of the petitioner so that the payment of the subsistence allowance may be made. That, after the inquiry vide order dated March 30, 1982 (Annexure -2) the Additional General Manager (Personnel), the Inquiry Officer in the matter passed the said order imposing upon the petitioner punishment of removal from service of the Corporation. Feeling aggrieved by that order, the petitioner preferred an appeal which was dismissed vide order dated April 11, 1983 (Annexure -1).

(3.) NOTICES were issued to the non -petitioners and Mr. L.S. Udawat, Additional Government Advocate appeared on behalf of non -petitioner No. 1 and Mr. S.N. Sharma for the remaining non -petitioners.