JAIN,J - (1.) HEARD learned counsel for appellant.
(2.) THIS intra court appeal is directed against order of Single Bench dated 5th November, 2012, whereby S.B. Civil Writ Petition No. 17955/2012 filed by petitioner/appellant challenging his transfer order dated 22nd August, 2012 from Tonk Depot to Kota Depot, has been dismissed. Submission of learned counsel for appellant is that the respondent RSRTC has issued an Office Order dated 28th March, 2012, wherein it is provided that where a Conductor or Driver, is involved in the case of allowing the passengers without ticket and if passengers are less than two and amount of fare is less than Rs.100, then he can be transferred within the same depot and an enquiry be initiated against him, which should be completed within fifteen days. Similarly, an order has also been passed in respect of matters where passengers are more than 5, but less than 10 and further where passengers are more than 10. He has submitted that case against the petitioner was that on 5th August, 2012, when his bus was checked, two passengers were found without ticket and the amount of fare was also Rs.14. He, therefore, submitted that he should have been transferred within Tonk Depot itself and not from Tonk Depot to Kota Depot. Therefore, transfer order of petitioner is against the order of respondent itself, which should have been quashed by the Single Bench. He also submitted that in similar circumstances, the Principal Bench of this Court at Jodhpur granted ex-parte stay order staying the transfer order, therefore, petitioner should have also been treated at par.
(3.) WE have considered the submissions of learned counsel for the appellant.;