- (1.) Writ proceedings were instituted in the year 2007 and on 27th July, 2007 while issuing notice to the respondents, the impugned recovery was stayed by this Court. Neither the learned counsel for the petitioner nor the petitioner appeared before the Court to prosecute the writ application, when the matter was called. The learned counsel for the respondent - Rajasthan State Road Transport Corporation (for short ' the respondent Corporation " ), insisted for hearing of the matter in view of the interim order operating. Thus, in the facts and circumstances of the case, this Court proceeded to hear and decide the matter.
(2.) The petitioner, in the instant writ application, has challenged the legality, validity and correctness of the order dated 6th March, 2007, imposing a penalty of Rs.19,750/- (Rupees : Nineteen Thousand Seven Hundred and Fifty) for having caused loss of income to the respondent Corporation as compared to other Conductors in the month of June, 2005.
(3.) Briefly, the indispensable essential material facts are: that the petitioner was appointed as a Conductor by the respondent Corporation with effect from 7th July, 1984 and since then he has been discharging his duty sincerely and to the utmost satisfaction of the higher authorities. Further, his services have been to the utmost satisfaction of the respondent Corporation. However, while the petitioner was working as Conductor at Sri Madhopur Depot, District Sikar, he was served with a charge-sheet for having earned less income in the month of June, 2005 (Annexure-1) and therefore, was called upon to submit his reply within seven days, failing which ex-parte proceedings would be conducted. On conclusion of the enquiry, the Enquiry Officer returned a finding of guilt for misconduct under Clause 34 of the Standing Orders, for the petitioner earned less income as compared to other Conductors of the Corporation, in the month of June, 2005. The General Manager, Depot Sri Madhopur, having considered the report (Annexure-R/2), submitted by the Enquiry Officer, imposed a penalty of recovery of an amount of Rs.19,750/- (Rupees : Nineteen Thousand Seven Hundred Fifty), vide impugned order dated 6th March, 2007, for having earned less income in five rotations in the month of June, 2005.;