Kishore Kumar vs The Rajasthan State Road ...
2023 Latest Caselaw 5995 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9558/2018 Kishore Kumar S/o Shri Bhagwana Ram Bishnoi, Aged About 31 Years, Village Khidrat, Tehsil Bap, District Jodhpur

----Petitioner Versus

1. The Rajasthan State Road Transport Corporation, Through Its Managing Director, Jaipur

2. The Executive Director (Administration), Rajasthan State Road Transport Corporation, Jaipur

3. The Chief Manager, Rajasthan State Road Transport Corporation, Falna Depot, Falna

----Respondents

For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Suniel Purohit

JUSTICE DINESH MEHTA

Order

17/08/2023

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

the charge-sheet dated 10.01.2018 (Annex.-1).

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 Court while relying up on the judgment rendered in the

case of Kulvindra Singh Vs. Rajasthan State Road Transport

(2 of 2) [CW-9558/2018]

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 charge-sheet dated 10.01.2018 (Annex.-1) 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 182-Ramesh/-

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