Harinarayan vs Rajasthan State Road Transport ...
2023 Latest Caselaw 5786 Raj

[2023:RJ-JD:25376]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8873/2023

Harinarayan S/o Shri Jagdishnarayan, Aged About 40 Years, Near Ajay Kirana Store, Gayatri Nagar, Bhilwara. (Presently Posted As Conductor In Barmer Depot).

----Petitioner Versus

1. Rajasthan State Road Transport Corporation, Through Managing Director, Parivahan Marg, Choumu House, Jaipur (Rajasthan).

2. The Executive Director (Administration), Rsrtc, Parivahan Marg, Choumu House, Jaipur (Rajasthan).

3. Chief Manager, Rsrtc Barmer Depot, Barmer.

----Respondents

For Petitioner(s) : Mr. Avinash Acharya For Respondent(s) : Mr. Suniel Purohit

JUSTICE DINESH MEHTA

Order

10/08/2023

1. By way of present writ petition, the petitioner has challenged

order dated 30.05.2023 (Annex.-3).

2. 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.

3. Learned counsel for the petitioner submitted that there are

catena of judgments rendered by this Court in which similar charge-

sheets have been quashed.

4. Learned counsel submitted that in identical writ petition being

S.B. Civil Writ Petition No.14159/2018, Co-ordinate Bench of this

[2023:RJ-JD:25376] (2 of 2) [CW-8873/2023]

Court while relying up on the judgment rendered in the case of

Kulvindra Singh Vs. Rajasthan State Road Transport Corporation &

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.

5. Mr. Purohit, learned counsel for the respondents is not in a

position to dispute the aforesaid position of facts and law.

6. This being the position and following the judgment rendered in

the case of Kulvindra Singh (supra), the present writ petition is

allowed.

7. The impugned order dated 30.05.2023 (Annex.-3) is, hereby,

quashed and set aside.

8. The petitioner shall be entitled for all consequential benefits.

9. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 572-Ramesh/-

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