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Rajasthan High Court · body

1989 DIGILAW 305 (RAJ)

Ram Kumar Bairwa v. R. S. R. T. C, Kota

1989-04-25

D.L.MEHTA, S.S.BYAS

body1989
D.L. MEHTA, J.—Heard. The petitioner was first appointed as Conductor on daily wages by order dated 19/4/1983 (Annexure-1) in R.S.R.T.C. Subsequently, he was appointed as regular Conductor on two years probation by order dt. 9.11.84 (Annexure-2). However, his services were terminated on 22.1.1985 by order Annexure-6. 2. The grievance of the petitioner is that his services could not be termi- nated before the expiry of two years probation. In the alternative, it was argued that in the impugned order, Annexure-6, it has been stated that the employer had lost confidence in the petitioner and as such, his services were terminated. This observation amounts to stigma. In support of the contention, reliance was placed on K.K. Laxman Vs. Pan American World Air-ways (!) in which it has been held that the termination of the services on account of lose of confidence also amounts to stigma on the career. The services in such a case can be terminated only after disciplinary inquiry. In our opinion, the petitioner is entitled to succeed on both the counts, viz., (i) his services cannot be terminated before the expiry of two years probation, and (ii) if his services were terminated on account of lose of confidence, it could be only after conducting disciplinary inquiry/action against him. In the instant case, no disciplinary action was taken or initiated against the petitioner. The impugned order, Annexure-6 should, therefore, be set-aside. 3. In the result, we allow the writ petition and quash the impugned order dated 22.1.85 (Annexure-6) passed by the Regional Manager, R.S R.T.C, Kota terminating the petitioners services. The respondents are directed to forth-with reinstate the petitioner. The petitioner will get wages at 50 percent. 4. No order as to costs.