- (1.) PETITIONER was employed as conductor with the respondent Rajasthan State Road Transport Corporation (R.S.R.T.C). On 17 -7 -1983, when he was on duty on bus No. VCR 108 and the has was proceeding to Abu Road from Jodhpur, a 'nala' flowing at bus stand, Tehleti, a place falling in between Jodhpur and Abu Road, caused difficulty for 28 passengers to cross the 'nala'. The petitioner allowed those 28 passengers to board the bus. On checking the bus, 28 persons were found without tickets. Enquiry was held against the petitioner and his services were terminated vide Annexure 2. The grievance of the petitioner is that for a human act, he has been punished. Mr. Sharma, learned counsel for the RSRTC does not dispute the position that it was under these circumstances that 28 persons were permitted to board the bus. He, however, contested the writ petition on the ground that it was the duty of the conductor to ask those persons to purchase tickets first and then to board the bus. It is not disputed that 28 passengers were allowed to sit only for a distance of about one furlong. There is no allegation that the petitioner has not issued the tickets with any ulterior motive. In these circumstances, we do not find any justification in the termination of the services of the petitioner.
(2.) THE writ petition is allowed. Annexures 2 and 5 dated, 20 -6 -1986 and 23 -9 -1986, the order of termination of the services of the petitioner and the appellate order affirming that order respectively, are quashed. The petitioner shall be reinstated with all consequential reliefs.;