GOVJND MATHUR, J. - (1.) BY an order dated 28.10.1983 the Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Bikaner, terminated the petitioner from service who was working as a Driver on probation. The challenge to order aforesaid is based on the ground that the petitioner was terminated from service as a consequent to disciplinary action and, therefore, an inquiry as prescribed under the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 (hereinafter referred to as 'the Standing Orders of 1965') should have been conducted by the respondents.
(2.) ON the other hand, an effort is made to defend the order impugned dated 28.10.1983 on the Count that discontinuation of the petitioner from service was not stigmatic but as per the provisions of Order 13(ii) of the Standing Orders of 1965, thus, there was no need to hold any inquiry. A preliminary objection is also raised on behalf of the respondents no reject the petition for writ being suffered with delay and latches. The facts necessary to be noticed for adjudication of the issues involved are as follows: The petitioner was employed with the respondent corporation as Driver under and order dated 18.4.1983 as a consequent to regular selection. The appointment so made was on probation for a period of two years. While on way to Sriganganagar from Bikaner on 26.5.1983, the bus driven by the petitioner met with an accident, consequent thereto a case was lodged against him for the offences punishable under Sections 279, 333 and 334 IPC. On 6.8.1983 a notice to show cause was served upon the petitioner to explain as to why he be not discontinued from service as due to his rash and negligent driving accident occurred on 26.5.1983, that resulted into death of a person and also that the accident occurred caused some damages to the bus. The petitioner, by way of submitting an explanation denied the charge regarding rash and negligent driving and stated that as a matter of fact the jeep that collided with the bus was coming from wrong side and the driver was under intoxication. As per the petitioner he was driving the bus at a moderate speed, he also stopped the bus on looking rash with incoming jeep and after accident he at his own took the injured persons in the corporation's bus to the hospital. The Divisional Mechanical Engineer, Bikaner under the order impugned dated 28.10.1983, terminated the petitioner from service. The order dated 28.10.1983 reads as follows: ...[VERNACULAR TEXT OMITTED]...
(3.) AS per the petitioner the criminal case lodged against him came to be decided by the Judicial Magistrate, First Class, Anupgarh on 28.8.1995 by acquitting him from all the charges with a specific finding that the driver i.e. the petitioner was not driving the bus with rash and negligence. After getting acquitted, the petitioner made a request to the respondent employer for reinstatement in service but of no consequence, hence this petition for writ is preferred.;