ASHIQUE ALI Vs. R.S.R.T.C.

JUDGEMENT

(1.) BY an order dated 28.10.1983 the Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Bikaner, terminated the petitioner from service who was working as a Driver on probation. The challenge to order aforesaid is based on the ground that the petitioner was terminated from service as a consequent to disciplinary action and, therefore, an inquiry as prescribed under the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 (hereinafter referred to as 'the Standing Orders of 1965') should have been conducted by the respondents.

(2.) ON the other hand, an effort is made to defend the order impugned dated 28.10.1983 on the Count that discontinuation of the petitioner from service was not stigmatic but as per the provisions of Order 13(ii) of the Standing Orders of 1965, thus, there was no need to hold any inquiry. A preliminary objection is also raised on behalf of the respondents no reject the petition for writ being suffered with delay and latches.

(3.) AS per the petitioner the criminal case lodged against him came to be decided by the Judicial Magistrate, First Class, Anupgarh on 28.8.1995 by acquitting him from all the charges with a specific finding that the driver i.e. the petitioner was not driving the bus with rash and negligence. After getting acquitted, the petitioner made a request to the respondent employer for reinstatement in service but of no consequence, hence this petition for writ is preferred.