Veerender Singh Siradhana, J. - (1.) Assailing the legality and validity of the office order dated 27th May, 2005, terminating his employment; the petitioner has instituted the instant writ application praying for the following relief(s): - - "i) The order dated 27.5.2005, passed by the respondent No. 3 may kindly be quashed and set aside and the respondent corporation be directed to reinstate the petitioner in service with all consequential benefits. The Respondent corporation be further directed that after reinstating the services of the petitioner, he may be declared regular on the post of driver -cum -conductor and give the benefits of the regular pay scale from the date of his entitlement; ii) Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner, iii) Cost of writ petition may also be awarded in favour of the petitioner."
(2.) Briefly, the essential skeletal material facts necessary for adjudication of the controversy involved herein are that the petitioner, applied for consideration of his candidature in response to the advertisement bearing number 201/2004 -2005, issued by the Deputy General Manager (Administration), Rajasthan State Road Transport Corporation (for short 'respondent -Corporation'). On being successful he was appointed on the post of Driver -cum -Conductor and joined his duties on 11th May, 2005. The offer of appointment contemplated his engagement on contract basis vide order dated 11th May, 2005, upto 30th June, 2005. While the petitioner was on duty on the bus of the respondent -Corporation bearing Registration Number RJ -14 -26M -9231; on Jaipur to Alwar route; the vehicle got involved into an accident. As a consequence, two persons, who were riding on a motorcycle died. The employment of the petitioner was put to an end immediately vide impugned order dated 27th May, 2005, for the accident aforesaid while he was driving the bus of the respondent -Corporation on 21st May, 2005.
(3.) Learned counsel, Mr. Sunil Kumar Singodiya, for the petitioner, reiterating the pleaded facts and grounds of the writ application, emphatically argued that the order terminating the employment of the petitioner is illegal, arbitrary and cannot be sustained being in violation of the principles of natural justice. Learned counsel further submits that even in the criminal case, which was registered for the same accident; the petitioner has been acquitted and a copy of the judgment and order delivered by the Court of Judicial Magistrate, Jaipur District, Jaipur, dated 23rd July, 2011, has also been placed on record.;