Joint General Manager (Tyre) vs Shri Bhagirath Singh S/O Shri ...
2021 Latest Caselaw 6419 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 D.B. Special Appeal Writ No. 804/2021

Joint General Manager (Tyre), And Authorized Disciplinary
Officer, Rajasthan State Road Transport Corporation, Tyre Plant,
Jaipur.
                                                                            ----Appellant
                                       Versus
Shri Bhagirath Singh S/o Shri Hanumana Ram, Patrak Vitrak,
Rajasthan State Road Transport Corporation, R/o Village And
Post Lalpur, District Jhunjhunu.
                                                                      ----Respondent

For Appellant(s) : Mr. Om Prakash Sheoran For Respondent(s) : Mr. Ravi Kant Sharma Mr. Babu Lal Choudhary

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

12/11/2021

D.B. Civil Misc. Application No.277/2021:-

Since the appeal is not barred by limitation, the application

for condonation is disposed of as not necessary. D.B. Special Appeal Writ No. 804/2021:-

This appeal is filed by the employer to challenge the

judgment of the learned Single Judge dated 15.03.2021

dismissing the writ petition filed by the employer.

Briefly stated the facts are that the respondent-workman

was dismissed from service on the ground of misconduct. He

challenged the same by a reference before the Industrial Tribunal.

The Industrial Tribunal declared that the inquiry was not properly

conducted upon which employer was given liberty to prove the

(2 of 2) [SAW-804/2021]

charges before the Tribunal itself. The learned Single Judge

noticed that the Tribunal found that the charges were not proved

and that there was no evidence of handwriting expert obtained

and produced. The learned Judge therefore did not find any reason

to interfere with the factual finding arrived at by the Industrial

Tribunal.

At the appellate stage there is no scope of interference with

the order of the learned Single Judge.

The appeal is dismissed.

(REKHA BORANA),J (AKIL KURESHI),CJ

KAMLESH KUMAR/N.GANDHI/7

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