Rajasthan State Road Transport ... vs Sita Ram Sharma Son Of Shri ...
2022 Latest Caselaw 2663 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                  D. B. Special Appeal (Writ) No. 463/2022

                                            In

                    S. B. Civil Writ Petition No. 4051/2007

    Appellants-Respondents

1. Rajasthan State Road Transport Corporation, through its Managing Director, Head Office, Parivahan Marg, Chomu House, Jaipur

2. Executive Director (Traffic), Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg Chomu House Jaipur

3. Chief Manager, Rajasthan State Road Transport Corporation, Jaipur Depot, Jaipur

Versus Respondents-Writ-Petitioner:

Sita Ram Sharma Son Of Shri Girdhari Lal Sharma, aged about 73 years, R/o Plot No. 107, Shiv Nagar-II, Murlipura Scheme, Jaipur. Previously Conductor R.S.R.T.C. Jaipur Depot.

For Appellants : Mr. Anuroop Singhi Advocate. For Respondent : Mr. Ankul Gupta Advocate.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

Order

30/03/2022

Heard Mr. Anuroop Singhi, learned counsel for the

appellants and Mr. Ankul Gupta, learned counsel for the

respondent on advance copy.

Though learned counsel for the appellants sought to

fervently urge to the Court to entertain the matter on merits as

(2 of 2) [SAW-463/2022]

the respondent-writ petitioner has suffered an order in disciplinary

action, we find that one of the grounds on which learned Single

Judge has interferred with the action is that the delinquent

employee was subjected to departmental action after inordinate

delay.

The legal position in this regard has been considered by

learned Single Judge in great detail in paragraph No. 14 and 21 of

the order. The issuance of the charge sheet after a period of four

years without any reasonable explanation has been made a basis

to grant relief to the writ petitioner against delayed departmental

action.

The view taken by learned Single Judge is in

accordance with the statutory legal position adumbrated in various

judgments referred to by learned Single Judge. Therefore, we do

not find any perversity in the order calling for interference by this

Court.

Appeal is, accordingly, dismissed.

(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

MANOJ NARWANI /5

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