Allowed

Mukesh Khatik S/O Shri Heera Lal Khatik v. Rajasthan State Road Transport Corporation

Rajasthan HC4 Oct 2023CW/1002/2019

Case brief

AI extract

What is this about?

Petitioner challenged a recovery order. Court referred coordinate bench precedents regarding theft of tickets and quashed the impugned order, directing refund within three months subject to recovery of actual cost after show cause notice.

What did the court decide?

Impugned recovery order dated 20.12.2018 quashed; respondents directed to refund amount within three months.

Mukesh Khatik S/O Shri Heera Lal Khatik Vs… — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1002/2019

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Mukesh Khatik S/o Shri Heera Lal Khatik, Aged About 35 Years, R/o Village And Post Nareda, Tehsil Phagi, District Jaipur (Raj.) At Present Working At Pratapgarh Depot.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur Through Its Chairman Cum Managing Director

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Chief Manager, Rajasthan State Road Transport Corporation, Pratapgarh Aagar, Pratapgarh (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Hem Singh For Respondent(s) : Mr. Prashant Daga

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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04/10/2023

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Instant petition has been filed by the petitioner with the following prayer:-

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“It is, therefore, prayed that your Lordships may graciously be pleased to accept and allow this writ petition and the recovery order dated 20.12.2018 passed by respondent corporation be quashed and set aside and consequently returned the recovery amount in the larger interest of justice. Any other order or direction which this Hon’ble Court may deems just and proper looking to the facts and circumstances of the case may also kindly be passed in favour of the petitioner.”

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Learned counsel for the petitioner submits that the alleged

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recovery from the petitioner is illegal and this Court in SBCWP

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[CW-1002/2019]

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(2 of 3)

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No. 12641/2012 [Babu Lal Sharma Vs. RSRTC & Anr.],SBCWP No.10692/2012 [Rajkuar Tak Vs. Raj. State RoadTransport Corp. & Anr.] & SBCWP No.13500/2012 [Om Prakash Yadav Vs. Raj. State Road Transport Corp. & Anr.] has decided the controversy involved in this petition by holding that if there is no allegation against a person of deliberate act or there is nothing on record to show that the tickets lost in theft or otherwise, were misused causing financial loss to the corporation and as such in absence of these facts, no action can be taken by the respondent-RSRTC. Counsel for the petitioner submits that in the instant case, the petitioner has reported the matter to Police Station Kamera, Banswara on 20.11.2018 with regard to theft/loss of the bag and tickets etc.

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Per contra, learned counsel for the respondents has taken a technical objection that this Court has no territorial jurisdiction to entertain this petition. 4. Since, the issue involved in this petition has already been decided by the Co-ordinate Bench of this Court in the following cases: SBCWP No. 12641/2012 [Babu Lal Sharma Vs. RSRTC & Anr.],SBCWP No.10692/2012 [Rajkuar Tak Vs. Raj. State RoadTransport Corp. & Anr.] & SBCWP No.13500/2012 [Om Prakash Yadav Vs. Raj. State Road Transport Corp. & Anr.], instant petition is allowed and impugned order dated 20.12.2018 is quashed and set aside. However, the respondents are free to recover the actual cost of stolen article from the petitioner after giving him show cause notice.

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[CW-1002/2019]

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The present writ petition is accordingly disposed of. Stay application and all pending application(s), if any, also stand disposed of.

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However, the respondents are directed to refund the deducted amount to the petitioner within a period of three months from the date of receipt of certified copy of this order.

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(ANOOP KUMAR DHAND),J

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KuD/399

Mukesh Khatik S/O Shri Heera Lal Khatik v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Mukesh Khatik S/O Shri Heera Lal Khatik v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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