Rajasthan High Court - Jodhpur
Moola Ram Acharya vs Md,Administration/Traffic,Jaipur ... on 24 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:43960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6618/2017
Moola Ram Acharya S/o Sh. Sampat Ram Acharya, At Present
Conductor, Rajasthan State Road Transport Corporation, Nagaur,
Rajasthan.
----Petitioner
Versus
1. The Managing Director, Administration/traffic, Head Office
Jaipur, Rajasthan.
2. The Chief Manager Administration, Rajasthan State Road
Transport Corporation, Choumu House, Jaipur Rajasthan.
3. The Manager, Rajasthan State Road Transport
Corporation, Nagour, Rajasthan.
4. The Executive Director Admin/transport, Rajasthan State
Road Transport Corporation, Head Office, Jaipur
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Gopal Acharya
For Respondent(s) : Ms. Archana Purohit
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/10/2024
1. The matter comes up on an application for early listing of the
case.
2. For the reasons stated in the application, the same is allowed.
3. 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
[2024:RJ-JD:43960] (2 of 3) [CW-6618/2017]
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 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 &
[2024:RJ-JD:43960] (3 of 3) [CW-6618/2017]
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."
4. Learned counsel for the respondents has not disputed the
judgment passed in the case of Radha Krishan Saini (supra).
5. 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 orders dated 02.12.2014 (Annexure-
7) passed by Chief Manager, Rajasthan State Road Transport
Corporation, Nagaur Depot and 31.05.2016 (Annexure-19) passed
by Rajasthan State Road Transport Corporation are quashed and
set aside.
6. 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
155-Samvedana/-
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