Farooq Hasan, J. - (1.) Mohd. Jaki, appellant, was conductor duly appointed by Rajasthan State Road Transport Corporation (for short, 'the Corporation') (respondent). While he was serving as Conductor, a bus in which he was performing his duty as Conductor, was inspected. The allegation against the appellant is that three passengers were found without ticket while he was performing his duty as Conductor during inspection of the bus; and further allegation was in respect of misbehaviour. An enquiry was conducted under Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 (for breity 'the Standing Orders') against the appellant and after conclusion of the inquiry, his services were terminated on 5.11.1980 against which, he filed a civil suit before the trial Court. The suit was decreed but in appeal by the Corporation, it was dismissed. Hence this second appeal.
(2.) Main thrust to attack his termination from service was that the order terminating his services was in violation of clause 35 of the Standing Orders and in disregard to the principles of natural justice as neither the documents were made available to him nor he was given an opportunity to lead his defence nor inquiry officer's report was given to him prior to his termination.
(3.) The trial Court decread the suit of the plaintiff holding his termination as illegal and the plaintiff was ordered to be reinstated with full back wages. The first appellate Court upon appeal by the Corporation reversed the decree and dismissed the plaintiff's suit holding that the civil Court has no jurisdiction to entertain the suit. On merits, the first appellate court found the findings of the trial court erroneous and thus it accepted the appeal of the Corporation. The first appellate Court also held that in the instant case, the observation of the principles of natural justice is not necessary because the appellant's services were on contract basis and in a case where the services are governed on contract the principle's of Natural Justice do not apply.;