M.N. Bhandari, J. - (1.) THE matter has come up on an application for early listing of the writ petition. However, with the consent of learned counsel for both the parties, the matter is heard finally. It is stated that controversy involved herein has been settled by this Court in reference to the judgment of Hon'ble Division Bench. Petitioner's service has been terminated without enquiry though impugned order indicates allegation against the petitioner. In the similar matter, the order of termination was set aside but the Corporation was given liberty to conduct the enquiry, if they so chooses.
(2.) LEARNED counsel for respondent(s), on the other hand submits that petitioner was engaged on contract basis on certain terms and conditions. Petitioner caused an accident while driving the bus, accordingly there was a violation of terms and conditions of the agreement. His services were terminated accordingly. I have considered the submissions made by learned counsel for parties and perused the order impugned herein. Perusal of the order shows that termination is on account of violation of terms and conditions of the agreement. The terms and conditions of the agreement show that if petitioner causes an accident, he would be terminated or discontinued. From perusal of the impugned order, I find that it casts stigma upon the petitioner, thus without any enquiry, his service cannot be terminated. Since, similar matters have already been decided by the Coordinate Bench, referring to the judgment of Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 806/2007 (Ramraj Gurjar vs. R.S.R.T.C. & Ors.), I also dispose off this writ petition with the following directions: (i) The order dt. 24.04.2006 passed by respondent No. 3 -The Chief Manager, Rajasthan State Road Transport Corporation, Alwar Depot, Alwar (Rajasthan) is quashed and set aside. The service of the petitioner is restored in the same manner as was obtaining on the date of termination i.e. 24.04.2006. (ii) The petitioner shall be reinstated by the respondents immediately and in no case later than 15 days from the date of production of the order of this Court. He will, however, not be entitled to any back wages. (iii) The aforesaid direction shall not, however, prevent the respondents in now holding a disciplinary enquiry against the petitioner, if they desire to do so and in that event the disciplinary enquiry shall not be influenced by the present order. (iv) No costs.;