Alok Sharma, J. - (1.) Heard the learned counsel for the parties and perused the impugned order dated 16.3.2015 passed by Additional Civil Judge No.2, Jaipur Metropolitan, Jaipur on an application under Section 151 CPC filed at the instance of plaintiff respondent (hereinafter the plaintiff).
(2.) The necessary facts to be detailed are that the plaintiff was appointed vide order dated 5.3.2014 by petitioner defendant (hereinafter defendant) on probation for a period of two years. A suit for declaration came to be laid by the plaintiff against defendant RSRTC impugning the remark/ allegation dated 25.12.2014 that she tarried three passengers on RSRTC's bus without proper tickets while working as Conductor thereon on Nagaur-Jaipur route. It was prayed that the Court declare that the remark dated 25.12.2014 was incorrect, false and mala fide and without a charge-sheet being issued to the petitioner and without appropriate enquiry /opportunity of defence thereon, the plaintiff could not be punished by removal of service as conductor with the defendant RSRTC.
(3.) The suit was accompanied with an application under Order 39, Rule 1 and 2 CPC. Thereon vide ad interim stay order dated 15.1.2015, the trial court directed that on the basis of the remark dated 25.12.2014, no action be taken against her contrary to the terms and conditions of her appointment order.;