DINESH MEHTA ,J. - (1.) The appellant/workman is aggrieved by the dismissal of his writ petition whereby he had claimed directions for the disbursal of his consequential benefits, i.e. including difference of salary and subsistence allowance for the suspension period, i.e. from 07.06.2000 to 16.11.2002 and further directions for consequential benefits like annual grade increments, selection grade, etc. by treating the appellant/writ petitioner as being in regular and continuous service during the suspension period with interest on the arrears of such amount @ 18% Per annum.
(2.) The controversy which is involved in the present appeal is that as a Conductor working with the Rajasthan State Road Transport Corporation [hereinafter "the RSRTC"], the appellant was charge sheeted on 21.07.2000. Two charges of misconduct were leveled; (i) for not issuing tickets to 22 passengers even while collecting their fare and (ii) not wearing proper dress on duty.
(3.) The Inquiry Officer held that the first charge - rather more serious charge was not proved whereas the second charge stood proved. However, the Disciplinary Authority, on a misappreciation of the Inquiry Officers' findings, imposed penalty, after holding that the appellant was held to be guilty on both counts. The appellant's attempt to secure justice, through a writ petition initially was unsuccessful. A learned Single Judge of this Court dismissed his writ petition. The Division Bench -- which he approached by filing D.B.Civil Special Appeal (W) No.284/2005 [Suresh Chandra Sharma Vs. RSRTC and Anr.], by its judgment and order dated 19.03.2007 allowed the appeal and quashed the findings as well as the punishment.;