- (1.) This writ petition has been filed by the petitioner aggrieved against office-order dated 01.01.2003 passed by the respondent- Corporation, wherein the petitioner has been called upon to deposit a sum of Rs.20,015/-.
(2.) The petitioner, who is Conductor with the respondent- Corporation was discharging his duty on vehicle No.RJ-13-P-1197 on Sriganganagar-Ravatsar Route, during the course of discharging of his duties, the bag containing the tickets etc., was lost/misplaced, regarding which an FIR was lodged. Whereafter, the petitioner was issued a notice dated 09.12.2002 for appearing before the Chief Manager for recording his statement and it was also indicated that if he did not appear ex-parte proceedings would be initiated. Again a notice dated 24.12.2002 was issued calling upon the petitioner to appear.
(3.) It appears that the petitioner did not appear and, therefore, the impugned order dated 01.01.2003 (Annex.-P/3) was passed by the respondents, noticing that the petitioner was issued the tickets and the FIR indicated loss of tickets amounting to Rs.20,015/- and, therefore, in terms of the Headquarter's orders dated 24.04.1987, a sum of Rs.20,015/- be recovered from the petitioner. It is submitted by learned counsel for the petitioner that the action of the respondents is ex-facie illegal, inasmuch as, the order ordering recovery has been passed without any notice having been issued and without conducting any inquiry by the respondents pertaining to the alleged loss of tickets and the amount has been determined at the back of the petitioner and, therefore, the order impugned deserves to be quashed and set aside. Reliance has been placed on order of this Court in Om Prakash v. RSRTC and Ors .: SBCW No.4320/2002, decided on 28.04.2011. ;