General Manager (Operations) (1) ... vs Kesar Singh Son Of Chiga Singh ...
2021 Latest Caselaw 7649 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 928/2021

General Manager (Operations) (1) And Disciplinary Authority,
Rajasthan State Road Transport Corporation, Jaipur.
                                                                     ----Appellant
                                    Versus
1.     Kesar Singh Son Of Chiga Singh (Conductor), Resident Of
       Village     Surota,     Post      Awar,      Tehsil       Kumher,   District
       Bharatpur. (Died During Pendency Of Proceedings).
2.     Smt. Shila Devi Wife Of Late Kesar Singh, Resident Of
       Village     Surota,     Post      Awar,      Tehsil       Kumher,   District
       Bharatpur.
3.     Devenda Singh Son Of Late Keshar Singh, Resident Of
       Village     Surota,     Post      Awar,      Tehsil       Kumher,   District
       Bharatpur.
4.     Neesa Kumari Daughter Of Late Keshar Singh, Resident
       Of Village Surota, Post Awar, Tehsil Kumher, District
       Bharatpur.
5.     Tajveer Singh Son Of Late Keshar Singh, Resident Of
       Village     Surota,     Post      Awar,      Tehsil       Kumher,   District
       Bharatpur.
                                                                  ----Respondents

For Appellant(s)          :     Mr. Rewar Mal
For Respondent(s)         :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment

15/12/2021

This appeal is filed by the Rajasthan State Road Transport

Corporation (RSRTC) to challenge the judgment of the learned

Single Judge dated 07/09/2021.

Brief facts are as under:

(2 of 3) [SAW-928/2021]

Respondent No.1 Kesar Singh was employed as a Conductor

by the RSRTC. A charge-sheet was issued against him on

17/10/1998 and then on 02/08/1999 for committing misconduct.

The employer decided to dismiss respondent No.1 from service on

08/11/2000. However, the dismissal could not be ordered without

permission of the labour court in terms of Section 33(2)(b) of the

Industrial Disputes Act, 1947 and application for approval was

therefore moved. This application was dismissed on the ground

that the statement of the complainant was recorded in absence of

delinquent officer and even the departmental representative. The

inquiry was therefore found to be conducted in breach of the

principles of natural justice, and therefore vitiated. Since the

workman during the pendency of the proceedings before the

Industrial Tribunal expired, his legal representatives were brought

on record. While not granting approval to the order of dismissal,

the tribunal refused to permit production or look into other

evidence particularly since by then the workman respondent had

expired. Before the learned Single Judge, the order of the Tribunal

was challenged by the RSRTC, which was dismissed by the

impugned order making the following observations: "I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record. The Tribunal, after going through the material produced before it, looking to the fact that the statement of complainant was recorded in absence of the delinquent officer rightly came to the conclusion that the same was in violation of principle of natural justice. Submissions made that the Tribunal should have considered the other material available on record, has no substance, inasmuch as, the inquiry held before the Enquiry Officer once it is found to be vitiated, no amount of evidence can be looked into to come to a different conclusion. In view of above discussion, no case for interference in the order impugned is made out. The petition has no substance, the same is, therefore, dismissed."

(3 of 3) [SAW-928/2021]

Having heard the learned counsel for the appellant and

having perused the documents on record, we do not find any error

in the view taken by the learned Single Judge. As noted, the

record would suggest that the inquiry was found to be vitiated on

account of serious breach of principles of natural justice. The

corporation tried to support the order of dismissal by relying on

evidence alien to the record which was rightly not allowed by the

Tribunal and the learned Single Judge.

The appeal is dismissed.

                                   (UMA SHANKER VYAS),J                                               (AKIL KURESHI),CJ

                                   ANIL KUMAR GOYAL / BM GANDHI-22









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