JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 929/2021
Executive Director And Authorized Disciplinary Authority, Rajasthan State Road Transport Corporation, Head Office, Jaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Rewar Mal, through VC For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Order
21/01/2022
(2 of 2)
[SAW-929/2021]
Appellant by way of present appeal has challenged the impugned order dated 08.09.2021. His grievance is that the respondent was found guilty of carrying passengers without issuing tickets to them based on the enquiry report dated 25.07.1996. The learned Tribunal after consideration of the case came to conclusion that the enquiry proceedings were vitiated on account of not following the principles of natural justice vide order dated 23.03.2017. During the course of pendency of proceedings under Section 33(2)(b) of the Industrial Disputes Act, 1947 the respondent-employee Ganesh Dutt Verma died on 28.08.2017 and the Tribunal came to conclusion that as the employee has died during the pendency of proceedings, the corporation/petitioner now cannot be granted opportunity to hold the enquiry afresh and consequently rejected the application. Being aggrieved the petitioner preferred writ petition before the Hon'ble Court under Article 226 of the Constitution for setting aside the order dated 23.03.2017. The learned Single Judge vide impugned order dated 08.09.2021 held that during the course of proceedings the petitioner had died and there was violation of principles of natural justice and Tribunal was justified that for lack of opportunity to cross-examine the witness of the Corporation the enquiry stood vitiated. On perusal of the said facts and the speaking order delivered by the learned Single Judge, we are of the view that no case for interference is made out.
The present appeal is dismissed in above terms.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
Kamlesh Kumar/23
2 issues framed by the court
Whether the High Court can interfere with the Single Judge's order holding the enquiry proceedings vitiated due to death of the employee and violation of natural justice.
Whether the death of the respondent-employee during pendency precludes the Corporation from holding the enquiry afresh.
Executive Director And Authorized Disciplinary Authority, Rajasthan State Road Transport Corporation
Ganesh Dutt Verma
Koyali Devi
Mukesh Verma
Hemraj Verma
Doonga Ram
Akil Kureshi
Sameer Jain
As recorded by the court registry
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