Mr. Ashok Kumar Gaur, J. - (1.) - The petitioner, who was working as Conductor in Rajasthan State Road Transport Corporation, has filed the present writ petition challenging the order dated 23.11.1998 (Annex.5) passed by Chief Manager, Sardarshahar Depot, District Churu whereby the petitioner has been punished with a penalty of Rs. 18720/- on account of the charge levelled against the petitioner in respect of loss of ticket book and way bill, given to him. The petitioner has also challenged the office order dated 24.04.1987 (Annex.6) where directions have been given in respect of actions to be taken against employees in respect of loss of ticket book, etc. The petitioner is also aggrieved by charge-sheet dated 13.07.1995 (Annex-2).
(2.) Brief facts of the case are that while petitioner was working as a Conductor on the route of Salasar-Hissar, the petitioner and driver parked their vehicle at 7:30 p.m. on 11.04.1987 at Hissar Bus Stop and after parking their bus, the petitioner and driver went to have their dinner. The petitioner had kept the ticket books and way bill in the tool box and carried the cash with him. It is the case of the petitioner that there was no lock system in the tool box and as such, there was no way of having proper safety of the articles kept in the tool box. The petitioner had pleaded that after taking food when they returned, they found the ticket books, way bill and their blankets, missing from the tool box. The petitioner had lodged an FIR of said incident on the same day at 9:15 p.m. at Police Station Hissar. The Hissar Police did not take any action. On the next day i.e. 12.04.1987 when the bus returned from Hissar to Sardarsahar, the petitioner informed the Depot Manager and also lodged an FIR at Police Station Sardarshahar.
(3.) The Depot Manager of Sardarshahar without holding any enquiry and even affording opportunity of hearing, passed an order dated 08.11.1987 for effecting recovery from the salary of the petitioner on account of alleged loss caused to the Corporation.;