Dismissed

Satish Chand Meena S/O Shri Sonpal Meena v. the Rajasthan State Road Transport

Rajasthan HC16 May 2023SAW/15/2021

Case brief

AI extract

What is this about?

The Acting Single Judge dismissed the special appeal filed by a probationer challenging his removal from service. The Court held that the petition contained vague pleadings and no specific instances of natural justice violations, thus offering no ground for interference.

What did the court decide?

The appeal was dismissed, upholding the dismissal of the underlying writ petition.

Satish Chand Meena S/O Shri Sonpal Meena Vs the… — Service and Employment | Rajasthan HC (2023)

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[2023/RJJP/010971]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Special Appeal (Writ) No. 15/2021

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S.B. Civil Writ Petition No.394/2018

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Satish Chand Meena S/o Shri Sonpal Meena, Aged About 47 Years, Resident Of Village Dyothana Post Bhanokar, Tehsil Kathumar District Alwar.

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----Appellant

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Versus

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The Rajasthan State Road Transport, Through Its Chairman Cum Managing Director, Chomu House, Jaipur Raj.

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The Appellate Authority Rajasthan State Road Transport Corporation, Headquarter, Jaipur, Raj.

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The Executive Director Traffic Rajasthan State Road Transport Corporation, Headquarters Jaipur Raj.

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The Chief Manager Rajasthan State Road Transport Corporation, Sawaimadhopur Depot, District Sawaimadhopur Raj.

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----Respondents

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For Appellant(s) : Mr. Sunil Kumar Singodiya Advocate.

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Judgment

16/05/2023

Heard.

This appeal is directed against the order dated 07.12.2020 passed by the learned Single Judge, whereby, the petition filed by the appellant has been dismissed.

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Learned counsel for the appellant would argue that though the appellant was a probationer, he was entitled to due and proper opportunity of hearing in the departmental enquiry, which was initiated against him on the charges of alleged misconduct. He

[2023/RJJP/010971]

[SAW-15/2021]

(2 of 2)

would further submit that proper opportunity of hearing was not afforded to the appellant. He would further argue that the Labour Court did not properly apply its mind in the proceedings drawn before it on a reference made in the case of the appellant.

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The appellant admittedly was a probationer. Against him, in a short probation period, as many as four charge-sheets were issued. In two of those cases, he has already been punished. In the case in hand, a charge-sheet was issued to the appellant, departmental enquiry was held, enquiry report was prepared and the order was passed by the disciplinary authority removing the appellant from service.

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The pleadings made in the writ petition are blissfully vague. There is no single instance of any violation of the principles of natural justice alleged in the writ petition. As against the contents of the order of termination or removal dated 29.05.2015, the appellant was required to come out with specific pleadings on affidavit to give specific instance of violation of the principles of natural justice. Except vague pleadings, general & bald allegation that proper opportunity of hearing was not given, no specific averment in that regard has been made.

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Therefore, in the totality of the facts and circumstances of the case, no case is made out for interference of this Court.

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This appeal is, accordingly, dismissed.

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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ SANJAY KUMAWAT-5

Satish Chand Meena S/O Shri Sonpal Meena v. the Rajasthan State Road Transport

Case brief

What is this about?

What did the court decide?

Satish Chand Meena S/O Shri Sonpal Meena v. the Rajasthan State Road Transport

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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