Rajasthan High Court - Jodhpur
Prithvi Singh Mehla vs Raj. State Road Trans. Corpn. & Anr on 19 October, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
S.B. Civil Writ Petition No.10175/2011.
(Prithvi Singh Mehla Vs. RSRTC & Another)
October 19, 2011
HON'BLE MR. GOPAL KRISHAN VYAS, J.
Mr. K.S. Yadav for the petitioner.
Mr. P.K. Lohra, Sr. Advocate with
Mr. Nitin Ojha, for the respondents.
BY THE COURT :
Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that while working in the various sections of the office of the respondent Corporation, now, all of a sudden, the petitioner has been asked to perform the duties of Conductor in the bus of the respondent Corporation. It is contended by learned counsel for the petitioner that impugned order dated 29.09.2011 is also contrary to the notification dated 05.05.2010 issued by the Corporation. It is also submitted by learned counsel for the petitioner that on the face of it impugned order is against principles of natural justice, therefore, it is prayed that appropriate directions may be issued to the respondents not to insist upon the petitioner to perform duties of Conductor.
After hearing learned counsel for the petitioner, I have considered the prayer of the petitioner and 2 notification dated 05.05.2010. In my opinion, when the petitioner is not medically fit for performing the duties of Conductor, then, obviously the respondents cannot insist upon the petitioner to work as Conductor in the vehicle of the Corporation because it is not only hazardous but against the norms of the Corporation itself.
Therefore, this writ petition is disposed of with a direction to the petitioner to file representation before the authority concerned who has passed impugned order dated 29.09.2011 (Annex.-P/7) within a week from the date of receipt of certified copy of this order along with copy of the medical report. Upon filing the representation, the authority concerned shall decide the representation of the petitioner within 15 days thereafter while taking into consideration the decision taken by the Corporation; and, till decision upon the representation of the petitioner, effect and operation of order Annex.-P/7 dated 29.09.2011 shall remain stayed.
(Gopal Krishan Vyas) J.
Ojha, a.