- (1.) THE instant writ application projects a challenge to the order of termination dated 16th December, 1978, terminating the services of the petitioner for he was found carrying 11 passengers without tickets; on the basis of his conviction recorded by the criminal court for offence under Section 8 of the Rajasthan State Transport Service (Prevention of Ticket Less Travel), Act 1975 (hereinafter referred as to 'Act of 1975', for short). The petitioner, therefore, has approached this Court praying for the following relief(s): - "i)that termination letter dt.16.12.1978 (Annex -6) may kindly be quashed and respondents be directed that petitioner be taken in reservice since 14.12.78 with all consequential benefits for which entitled in service. ii)that record of service of petitioner may also be called. (iii)Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) BRIEFLY , the indispensable material facts essential for the appreciation of the controversy raised needs to be first noticed. The petitioner, while working as 'Conductor' at Kota Depot of the Rajasthan State Road Transport Corporation (for short, respondent 'the Corporation'), was found guilty of carrying 11 passengers without tickets on the bus with Registration No. 6025 on 14th December, 1978, at 3.45 p.m. A charge -sheet was prepared and he was produced before the Judicial Magistrate (Transport). The petitioner confessed the charge for he did not issue tickets to 11 passengers, having accepted the fare. The Judicial Magistrate convicted the petitioner on 14th December, 1978, for offence under Section 8 of the Act, 1975. As a consequence of his conviction, the respondent -Corporation terminated the services of the petitioner vide order dated 16th December, 1978. The order of conviction who was subjected to appeal successfully. The petitioner's appeal was allowed vide order dated 26th August, 1996, setting aside the order of conviction dated 14th December, 1978.
(3.) LEARNED counsel for the petitioner reiterating the pleaded facts and grounds of the writ application emphasised that the sole basis of termination of the services of the petitioner was the conviction as recorded on 14th December, 1978, which was successfully assailed in appeal. The appeal was allowed on 26th August, 1996, acquitting the petitioner. Thereafter, he submitted an application on 4th September, 1997, for his reinstatement followed by several reminders, but did not evoke any response. In response to the notice of the writ application, the respondent -Corporation has filed its counter affidavit raising preliminary objection for an inordinate, undue and unexplained delay and laches in assailing the order of termination dated 16th December, 1978; by institution of the present writ proceedings in the year 1998. The writ application was dismissed on this count. However, the order passed by the learned Single Judge, was subjected to intra -court appeal successfully.;