Quashed

Mahendra Singh Rathore v. Rajasthan State Road Transport Corporation, Jaipur

Rajasthan HC1 Aug 2023CW/4736/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition and quashed charge-sheets issued against the petitioner for alleged underperformance in revenue generation, relying on a coordinate bench judgment.

What did the court decide?

Impugned charge-sheets dated 16.11.2017 and 28.12.2017 quashed and set aside; petitioner entitled to consequential benefits; stay application disposed of.

Mahendra Singh Rathore Vs Rajasthan… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4736/2021

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Mahendra Singh Rathore S/o Shri Mangal Singh Rathore, Aged About 41 Years, By Caste- Rajput, R/o Village-Post - Dhawa, Tehsil- Luni, Jodhpur.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, Jaipur, Through Its Managing Director.

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Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur Depot, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Narpat Singh Rajpurohit For Respondent(s) : Mr. Sunil Purohit

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JUSTICE DINESH MEHTA

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Order

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01/08/2023

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By way of present writ petition, the petitioner has challenged charge-sheets dated 16.11.2017 and 28.12.2017.

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On perusal of the record, this Court finds that only charge against the petitioner is that he was able to generate lesser revenue as compared to revenue generated by others.

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Learned counsel for the petitioner submitted that there are catena of judgments rendered by this Court in which similar charge-sheets have been quashed.

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Learned counsel submitted that in identical writ petition being S.B. Civil Writ Petition No.14159/2018, Co-ordinate Bench of this Court while relying upon the judgment rendered in the case of Kulvindra Singh Vs. Rajasthan State Road Transport Corporation &

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(2 of 2) [CW-4736/2021]

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Ors. (S.B. Civil Writ Petition No.15367/2022, decided on 12.12.2022) has quashed the charge-sheet of similar nature, issued to the similarly situated person.

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Mr. Purohit, learned counsel for the respondents is not in a position to dispute the aforesaid position of facts and law.

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This being the position and following the judgment rendered in the case of Kulvindra Singh (supra), the present writ petition is allowed.

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The impugned charge-sheets dated 16.11.2017 and 28.12.2017 (Annexure-2) are, hereby, quashed and set aside.

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The petitioner shall be entitled for all consequential benefits.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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91-Arvind/-

Mahendra Singh Rathore v. Rajasthan State Road Transport Corporation, Jaipur

Case brief

What is this about?

What did the court decide?

Mahendra Singh Rathore v. Rajasthan State Road Transport Corporation, Jaipur

Case brief

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What did the court decide?

What the court decided

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