RAFIQ MOHAMMED Vs. DIVISIONAL MECHNICAL ENGINEER

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the legality of the Award dated 13 -9 -1989 of the Judge, Labour Court, Jodhpur where by it has been held that the order dated 20 -1 -1986 of the removal of service passed by the Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Jodhpur is valid.

(2.) THE facts of this writ petition briefly stated are: that on 19 -12 -1984, the petitioner was driving Bus No. 257 on Jodhpur to Balotra route. It was a non -stop bus. On checking at Balotra, it was found that it was earning 61 passengers from whom fair was recovered but no tickets were issued to them. The petitioner, who was the driver of the Bus was in possession of the way -bill, which was totally blank. On checking, tickets were issued to all the 61 passengers. A checking memo was also prepared, which was signed by the conductor of the Bus Shri Jaswantsingh and the petitioner who was the driver of the Bus. Thereafter, enquiry was conducted and the petitioner's services were terminated along with that of jaswantsingh Conductor. It is alleged that two more reasons who were ticket -clerks at booking windows on the main bus -stand of Jodhpur and Siwanchi gate bus -stand were also chargesheeted but their services were not terminated where as the services of the conductor and driver of the Bus were terminated.

(3.) I have heard Mr. D.K. Parihar, the learned Counsel appearing for the petitioner at length at the admission stage and have' carefully gone through the record of the case.