- (1.) THE petitioner who is an Ex-driver of the respondent Corporation i. e. Rajasthan State Road Transport Corporation (for short 'rsrtc'), filed this writ petition before this Court under Article 226 of the Constitution of India, in the matter of violation of his fundamental rights under Articles 16 and 21 of the Constitution of India and also in the matter of Rajasthan State Road Transport Corporation Workers and Work-shop Employees Standing Orders, 1965.
(2.) THE facts of the case, briefly stated, are that the petitioner was appointed as Driver with the respondent Corporation vide order dated January 9, 1976 (Annex-1), In the year 1983, a mishap occurred resulting in head injury to the petitioner while performing official duties with the respondent- Corporation, as a result of which the petitioner was hospitalised. Consequently, on January 26, 1984, the petitioner had submitted an application to the Divisional Mechanical Engineer, Kota, praying therein that he may be relieved from duties as Driver vide Annex-2, on account of his failing health and he requested for being given lighter duties, since he was not able to discharge his duties as Driver efficiently on account of accident.
(3.) ON January 26, 1984, the petitioner was charge-sheeted for his absence from duty w. e. f. January 26, 1984 following a Departmental Enquiry which was initiated vide order dated June 16, 1984 (Annex-3 ). The petitioner was, however, exonerated of the charge as a result of the enquiry conducted by Divisional Mechanical Engineer, Kota vide order dated December 22, 1984 (Annex-4 ). In the meanwhile, the petitioner had requested the Divisional Mechanical Engineer on September 15, 1984 (Annex-5) by an application for grant of lighter duties as per medical advice and the petitioner was given lighter duties by the respondents in the work-shop at Kota.;