Rajasthan High Court - Jaipur
Devi Lal S/O Sh. Naurang Lal vs The Rajasthan State Road Transport ... on 31 March, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9171/2019
Devi Lal S/o Sh. Naurang Lal, Aged About 30 Years, B/c Jat, R/o
Gram And Post Jhingar Chhoti Via Katrathal, Distt. Sikar (Raj.)
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation,
Parivahan Bhawan, Headquarters, Rsrtc Jaipur Through
Its Managing Director.
2. Chief Manager, Rajasthan State Road Transport
Corporation, Didwana Depot, Nagaur (Raj.)
----Respondents
For Petitioner(s) : Mr. Hemant Tailor Mr. Puneet Mahla For Respondent(s) : Mr. Vinayak Kumar Joshi HON'BLE MR. JUSTICE INDERJEET SINGH Order 31/03/2022 Instant writ petition has been filed by the petitioner with the following prayers:-
"It is, therefore, respectfully prayed that this Hon'ble Court may graciously be pleased to accept and allow this writ petition and be pleased to issue following writ or order or direction, whereby:-
i. By an appropriate writ, order or direction the impugned order dated 10.07.2018 and 08.05.2019 passed by the respondent be quashed and set aside; consequently the respondent be directed to release the entire regular salary of the petitioner w.e.f. 10.07.2018 till the period of suspension.
Furthermore, the respondents be (Downloaded on 24/12/2022 at 05:45:30 PM) (2 of 3) [CW-9171/2019] directed to release 3/4th of the Salary as subsistence allowance from the day on which 3 months have been completed after passing the impugned order dated 10.07.2018.
ii. The Hon'ble Court may kindly pass such other order or a direction, which it may deem just, proper and expedient in the facts and circumstances of the present case."
Counsel for the petitioner submits that the petitioner was suspended by the respondents vide order dated 10.07.2018 and at the time of issuing the suspension order the charge-sheet was not issued to the petitioner which is against the Rules of the respondents-Corporation and prayed for setting-aside the suspension order.
Counsel appearing on behalf of the respondents-Corporation submits that during the pendency of the present writ petition, the respondents-Corporation vide order dated 21.10.2019 completed the enquiry against the petitioner and imposed the penalty in the interest of Corporation.
Heard counsel for the parties and perused the record. This writ petition filed by the petitioner deserves be dismissed; for the reasons, firstly, the petitioner has failed to amend the writ petition challenging the order dated 21.10.2019 as issued by the Disciplinary Authority by which, the punishment order has been passed against the petitioner; secondly, so far as the suspension is concerned, it has already been revoked by the Corporation and in my considered view, without challenging the order dated 21.10.2019, no relief can be granted to the petitioner in the present writ petition.
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(3 of 3) [CW-9171/2019] Hence, the present writ petition stands dismissed. However, the petitioner is at liberty to challenge the order dated 21.10.2019 passed by the Corporation.
(INDERJEET SINGH),J Upendra Pratap Singh/115 (Downloaded on 24/12/2022 at 05:45:30 PM) Powered by TCPDF (www.tcpdf.org)