Rajasthan High Court - Jodhpur
Bhagwana Ram vs The Rajasthan State Road Transport ... on 10 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:41646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15343/2023
Bhagwana Ram S/o Shri Bagta Ram, Aged About 60 Years, By
Caste Bishnoi, R/o Vpo- Alay Tehsil And District Nagaur. (Raj.)
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Through
The Chairman And Managing Director, Rsrtc Chomu House
Circle, Parivan Marg, Jaipur.
2. The Executive Director (Transport / Security And
Vigilance), Rajasthan State Road Transport Corporation,
Chomu House Circle, Parivan Marg, Jaipur.
3. The Chief Manager, Rajasthan State Road Transport
Corporation, Nagaur Depot, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Deepak Kankar, for
Mr. Devendra Kumar Soni
For Respondent(s) : Mr. Gopal Raj Kalla
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/10/2024
1. Learned counsel for the petitioner submitted that the issue
involved in this matter has been considered by coordinate Bench
of this Court in S.B. Civil Writ Petition No.16483/2012 [Radha
Krishan Saini Vs. RSRTC and Ors.] decided on 27.04.2018 wherein
it has been held as under:-
"The matter comes up on the misc. application
No.12355/2018 filed for early listing of the case. However,
with the consent of the parties the present petition is disposed
of at this stage.
The petitioner has challenged order dt.31.08.2012 &
28.09.2012, Annex.-8 & 9 respectively, in the instant petition
[2024:RJ-JD:41646] (2 of 3) [CW-15343/2023]
whereby he has been directed to deposit of Rs.66,437/- on
account of loss of ticket bag and ETM machine.
Learned counsel for the petitioner has submitted that
the alleged recovery from the petitioner is illegal and this
Court in SBCWP No. 12641/2012[Babu Lal Sharma Vs. RSRTC
& Anr.], SBCWP No.10692/2012 [Rajkuar Tak Vs. Raj. State
Road Transport Corp. & Anr.] & SBCWP No.13500/2012 [Om
Prakash Yadav Vs. Raj. State Road Transport Corp. & Anr.]
decided by a common order dt.12.09.2013 has taken a view
that if there is no allegation against a person of deliberate act
or there is nothing on record to show that the tickets lost in
theft or otherwise, were misused causing financial loss to the
corporation and as such in absence of these facts, no action
can be taken by the respondents-RSRTC. Counsel for the
petitioner has submitted that in the instant case the petitioner
had also lodged FIR No.452/2012 immediately on loss of ticket
bags and ETM machine vide (Annex.-1) dt.26.07.2012.
Mr. Vinayak Joshi, counsel for the respondents who is
present in the Court submits that legal proposition is already
settled by this Court and as such he submits that this Court
may decide the present controversy as well. This Court finds
that the impugned orders dt.31.08.2012 & 28.09.2018
(Annex.- 8 & 9) respectively are not legally sustainable.
This Court is further of the opinion that the
respondents in the impugned orders dt.31.08.2012 &
28.09.2012 have nowhere said that loss of ticket bag and ETM
machine, has resulted into causing financial loss to the
Corporation.
The present writ petition deserves to be allowed and
impugned orders dt.28.09.2012 & 31.08.2012 (Annex.-8 & 9)
respectively are quashed and set aside. However, the
respondents
are free to recover the actual cost of ticket bag and ETM
machine from the petitioner after giving him show cause
notice.
The present writ petition is accordingly disposed of."
Learned counsel for the respondents has not disputed the
judgment passed in the case of Radha Krishan Saini (supra).
[2024:RJ-JD:41646] (3 of 3) [CW-15343/2023]
In that view of the matter, the writ petition stands disposed
of in view of the judgment passed in the case of Radha Krishan
Saini (supra), the impugned order dated 02.08.2021 (Annexure-4)
passed by Chief Manager, Rajasthan State Road Transport
Corporation, Nagaur Depot is quashed and set aside.
However, the respondents are free to recover the actual cost
of ticket bag. Respondents are further directed to pass the orders
in this regard within a period of two months.
(FARJAND ALI),J
67-Ravi Khandelwal
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