- (1.) The petitioner has filed the present petition, challenging the punishment order dated 26.08.2014, and seeking direction against the respondents, not to recover the penalty amount of Rs.1,14,972/- pursuant to the said order.
(2.) It is sought to be submitted by learned counsel Mr. Ashok Joshi for the petitioner that the said order has been passed by the respondents after holding the enquiry, however the penalty imposed in the said order is disproportionate to the guilt of the petitioner. He further submitted that in similar case of one Shri Omprakash Gurjar, the respondents had imposed the penalty of Rs.1,000/- only, whereas in the case of the petitioner, the respondents have imposed the heavy penalty, awarding discriminatory treatment to the petitioner.
(3.) In the instant case, it appears that the petitioner when he was on duty as the conductor in the bus No.RJ-14-PB-4108 from Alwar to Haridwar on 12.06.2010, his tickets bag was allegedly stolen, for which an F.I.R. was lodged at Kotwali, Nagar Haridwar on 13.06.2010. Since the said ticket bag was not recovered, the respondents had issued show cause notice calling upon the petitioner to explain as to why the amount of Rs.1,14/972/-, for the value of tickets contained in the said ticket bag should not be recovered from him. The petitioner, therefore, had challenged the said notice by fling the civil suit, in which the Court had passed the interim order, directing the respondents to initiate the departmental enquiry, and to pass the order in accordance with law. Accordingly, the respondents had issued charge sheet to the petitioner on 06.11.2012, and after holding proper enquiry, had passed the impugned order dated 26.08.2014, holding the petitioner guilty of being negligent while discharging his duties on 12.06.2010, and imposing the penalty of Rs.1,14,972/-. The said order is under challenge before this Court by way of the present petition.;