KAMRUDDIN PATHAN Vs. RAJASTHAN STATE ROAD TRANSPORT CO

JUDGEMENT

(1.) THIS is civil second appeal filed against the judgment and decree passed by Addl. Civil Judge No. 2, Ajmer, dated May 31, 1986, upholding the judgment and decree passed by the Addl. Munsiff (East), Ajmer who dismissed the suit for declaration filed by the plaintiff-appellant.

(2.) THE plaintiff-appellant filed a suit in the court of Munsiff (East), Ajmer on May 26, 1981. He pleaded that he was working as Conductor in Rajasthan State Road Transport Corporation (hereinafter referred to as "the Corporation"), and was posted at Bhilwara. On May 10, 1979 while he was on duty as Conductor on Corporation's Bus No. RSV 8708, the bus was checked and certain passengers are alleged to have stated that despite the fact they had given money the ticket was not given to them and some passengers were found without tickets. He was, thereafter, charge-sheeted on the allegation that he was carrying passengers who had no tickets despite the fact that he had charged from them. He was suspended on May 28, 1979, and an enquiry was instituted against him. After the enquiry was over, he was removed from service. He preferred an appeal which was partly allowed by the appellate authority who directed his reinstatement and the penalty of removal was reduced to stoppage of two grade increments. A criminal case was also instituted against the appellant in the court of Judicial Magistrate (Transport), Aimer for offence under S. 8 of the Rajasthan State Road Transport Service (Prevention of Ticketless Travel) Act, 1975 (hereinafter referred to as "the Act"), and the learned Magistrate after trial convicted him of the said offence and sentenced him to pay a fine of Rs. 60/-, in default of payment of fine he was directed to suffer 3 days' simple imprisonment vide judgment dated February 3, 1981. On the same day Addl. Divisional Manager of the Corporation, Ajmer dismissed him from service, as in his opinion, the conduct of the appellant, which led to his conviction, disentitled him to remain in service. He therefore, filed a suit challenging the dismissal order, dated February 3, 1981, on various grounds, inter alia that ha could not be dismissed as he had already been punished under the service rules and also that Shri K. N. Gupta who passed the order was not the competent authority not being Divisional Manager, He was only Assistant Divisional Manager who acted as Divisional Manager on the date of passing of the order since the Divisional Manager was on leave.

(3.) I have given my thoughtful consideration to the rival contentions and have perused the record.