NAND SINGH RATHORE AND ORS. Vs. THE CHAIRMAN CUM MANAGING DIRECTOR AND ORS.
LAWS(RAJ)-2016-1-49
HIGH COURT OF RAJASTHAN
Decided on January 29,2016

Nand Singh Rathore And Ors. Appellant
VERSUS
The Chairman Cum Managing Director And Ors. Respondents

JUDGEMENT

M.N. Bhandari, J. - (1.) By these writ petitions, a challenge is made to the order dated 31st March, 2015, whereby services of the petitioners were terminated under the Rajasthan State Road Transport Workers Standing Orders (in short "Standing Orders").
(2.) Learned counsel submits that petitioners were appointed on substantive basis thus their services could not have been terminated without holding inquiry. It is moreso when the order casts stigma on the petitioners. A reference of letter dated 28th June, 2013 in the case of Nand Singh has been given to show nature of appointment. The services of the substantive appointees have been terminated in terms of the Standing Orders applicable to the probationer. The provision of the Standing Orders invoked by the respondents does not specify about termination of probationer but makes a reference about confirmation on completion of period of probation and even exclude payment of compensation in a given case. The definition of the probationer given under the Standing Orders was referred to show that petitioners were substantive appointee thus do not fall in the definition of probationer.
(3.) It is lastly submitted that before passing the impugned order, the petitioners were served with the notice dated 24th March, 2015 containing certain allegations of carrying passengers without tickets. No inquiry was conducted thus impugned order has been passed not only in violation of the Standing Orders but principles of natural justice. The petitioners have made a prayer for quashing of the order.;


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