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2003 DIGILAW 1670 (RAJ)

Puna Ram v. Rajasthan State Road Transport Corporation

2003-12-16

H.R.PANWAR

body2003
JUDGMENT 1. - By the instant writ petition, petitioner seeks quashing the impugned order dated 27.10.2001 (Annex.4), by which the petitioner was held guilty of the charge and a sum of Rs. 7,000/- was ordered to be recovered from his salary. 2. While working on the post of Driver, the petitioner was served with the charge-sheet dated 12.1.1998 (Annex.l) containing three charges regarding causing damages to the tyres. After holding enquiry, vide impugned order Annx.4 dated 27.10.2001, the petitioner was exonerated from the charges No. 2 & 3, however charge No. 1 was found proved against him and consequently a sum of Rs. 7,000/- has been ordered to be recovered from the salary of the petitioner. Hence this writ petition. 3. I have heard learned counsel for the parties and perused the record. 4. Petitioner has been held guilty and punished by way of recovering the amount for his alleged misconduct of causing loss to a tyre of bus No. 4107 on 11.7.1997 when this bus was being plied on Phalodi-Osian-Jaipur route. The allegation is that a new tyre of that bus came into contact with an iron angle and got burst. I have perused the R.S.R.T.C. Workers & Workshop Employees Standing Orders. The charge levelled against the petitioner does not come within any of the misconduct or indiscipline mentioned in the Standing Orders. It is not the allegation that the petitioner wilfully caused damage to the tyre of that bus. As such, there is no justification in holding the petitioner liable for the loss caused the tyre while he was discharging his duties. In absence of allegations wilfully causing damage, he cannot be held responsible for the loss caused to the tyre while he was driving the vehicle. 5. Consequently, the writ petition is allowed, the impugned order Annx. 4 is quashed and the respondents are restrained to recover the said amount from the petitioner. There shall be no order as to costs. The stay petition also stands disposed of.Writ Petition allowed. *******