INDRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by Indraj Singh under Article 226 of the Constitution of India for a mandamus for quashing orders Annexures 1 and 2.

(2.) THE petitioner was appointed as Conductor by the Rajasthan State Road Transport Corporation, Depot Sikar. However, on account of some misconduct, a charge-sheet was served on him by Depot Manager, Sikar on January 21, 1981. The charge against the petitioner was that on November 28, 1980 when Bus No. 1472 of the Corporation was checked en route Pilani-Khetri at Deogarh, it was found that 10 passengers were travelling without ticket. The second charge related to the carrying of some excess luggage without charging fare for that on another date 7th December, 1980 in Bus No. 6087. A domestic enquiry was conducted and the enquiry officer submitted his report holding the petitioner guilty of the charges. Consequently, the petitioner was removed from service by an order dated April 22, 1981 issued by the Divisional Manager, Sikar.

(3.) IT appears that the petitioner raised an industrial dispute. Conciliation proceedings were held by the Conciliation Officer. He challenged the failure of conciliation by Annexure-2. Thereafter, the appropriate Government passed the order Annexure- 3. In this order it has been mentioned by the Appropriate Government that on the basis of the report of the Conciliation Officer, it has been found that there were framed above mentioned two charges against the petitioner and after giving charge-sheet and holding a legal domestic enquiry, the services of the petitioner have been terminated. Consequently the State Government was not referring the industrial dispute to the Industrial Tribunal.