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Rajasthan High Court · body

2006 DIGILAW 2215 (RAJ)

. v. .

2006-07-14

K.S.RATHORE

body2006
Judgment K.S. Rathore, J.-Brief facts of the case are that the petitioner was appointed on the post of Conductor on 110.1976 and was made permanent vide order dated 12.07.1978 and was given regular pay scale of 355-10-415-15-450-20-540. As many as 16 enquiries were initiated against the petitioner and penalties have been awarded to the petitioner in different enquiries and 3 departmental Enquiries are pending against him. 2. Learned Counsel for the respondents has given the details of the enquiries and punishments given under the different enquiries, conducted by the respondents, which are as under:- S. No. Date of charge sheet/ delinquency Details Remarks 1 111.1976 12 passengers were found without ticket by Inspection team Vide order dated 211.1976 strong warning was given 2 15.01.1977 3 passengers were found without ticket by tho Vigilance team Vide order dated 17.02.1977 strong warning was given 3 26.06.1977 3 passengers were found without ticket by Vigilance team Vide order dated 29.07.1977 warning was given 4 312.1978 34 passengers were found without ticket by Inspection team Vide order dated 11.09.1980 he was removed/dismissed from the service of the Corporation although in compliance of the order of the Court he was again reinstated 5 11/08/1979 10 passengers were found without ticket by Inspection team, in addition to that he also misbehaved with the Officers 6 23.04.1980 6 passengers were found without ticket by Inspection team Vide order dated 29.08.1996 monetary penalty of Rs. 1,000/-was imposed as well as salary of suspension period was forfeited (the charges were admitted by the petitioner) 7 28.03.1980 Two and a half passengers were found without ticket by Inspection team Vide order dated 29.08.1996 penalty in monetary treatment in the sum of Rs. 400/-was imposed as the petitioner himself admitted the charges. 8 212.1979 3 passengers were found without ticket by Inspection team Vide order dated 20.05.1980 one annual grade increment was stopped without cumulative effect. 9.18.01.1990 25 passengers were found without ticket by Inspection team Vide order dated 25.08.1990 monetary penalty in the tune of Rs. 12,000/-was imposed as the charges were admitted by the petitioner himself . 10. 17.08.1990 3 passengers were found without ticket by Inspection teamVide order dated 27.03.1991 one grade increment was stopped without cumulative effect. 11. 9.18.01.1990 25 passengers were found without ticket by Inspection team Vide order dated 25.08.1990 monetary penalty in the tune of Rs. 12,000/-was imposed as the charges were admitted by the petitioner himself . 10. 17.08.1990 3 passengers were found without ticket by Inspection teamVide order dated 27.03.1991 one grade increment was stopped without cumulative effect. 11. 20.12.1990 3 passengers were found without ticket by Inspection teamVide order dated 28.01.1994 two annual grade increments were stopped with cumulative effect and the salary of the suspension period was also forfeited. 12. 13.04.1981 2 major passengers were travelling with half ticket Vide order dated 06.04.1983 one annual grade increment was stopped without cumulative effect and warning was also given. 13. 20.07.1981 For creating hindrance in booking work by Inspection teamVide order dated 23.09.1981 advised to be more polite. 14. 210.1981 2 passengers were found without ticket by Inspection teamVide order dated 20.01.1983 one annual grade increment was stopped with cumulative effect. 15 & 1604.07.1982 & 211.1982 3 Passengers + 30 Kg. Luggage was found without ticket; one passenger was found without ticket Vide order dated 23.06.1984 he was removed and the salary of the suspension period was forfeited but in compliance of the Courts order he was again taken back in the service. 3. Details of enquiries which are still pending, are as under:-S.No. Date of chargesheet/ delinquency Details Remarks 17 22.04.1977 Charges of charging excess freight from the passengers 18 14.06.1978 18 Passengers were having tickets of lesser distance whereas they were travelling for longer distance 19 14.07.1983 Two passengers 4. Learned Counsel for the respondents further submits that the petitioners services were not found satisfactory and still some more enquiries are pending against him. Fixation of the petitioner in different pay scales and selection scale on completion of 9, 18 and 27 years of service, cannot be granted as selection scale is always granted as an award of satisfactory service and as per the record of the petitioner, it is well established that the services of the petitioner were never found satisfactory and thus, the petitioner is not entitled for the same. The petitioner is utterly failed to give details of similarly situated juniors persons, who are getting more salary and allowances. 5. The petitioner is utterly failed to give details of similarly situated juniors persons, who are getting more salary and allowances. 5. Having considered the rival submissions of the respective parties and upon perusal of the details of the enquiries and the fact that 16 penalties have been awarded to the petitioner in different enquiries and three departmental enquiries are pending against him, this Court while exercising extra ordinary powers under Article 226 of the Constitution of India, do not want to issue any writ order or direction to provide selection scale to the petitioner, as it is for the respondents to consider the case of the petitioner. 6. In view of these facts, I find no merit in the present writ petition. Consequently, the writ petition fails and the same is hereby dismissed.