MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by Rajasthan State Road Transport Corporation (for short 'the RSRTC') challenging judgment dated 23.03.2017 passed by the learned Single Judge of this Court whereby writ petition filed by respondent Suresh Agarwal has been allowed by setting aside the order of his removal from service dated 10.05.2006 and the order dated 20.06.2007, rejecting his appeal against the aforesaid order of dismissal from service and directed the appellant-RSRTC to substitute that penalty by compulsory retirement of the respondent with continuity of service and all the consequential benefits, with payment of only 50% actual wages and treating remaining wages as notional.
(2.) The respondent-writ petitioner was appointed in the service of the appellants as Conductor on 09.03.1984. His services were terminated vide order dated 11.06.1985 on the allegation that he was found carrying 15 passengers without ticket in the bus on 02.06.1985. The respondent preferred Writ Petition No. 1427/1993 before Single Bench of this Court alleging mala fides on the part of the appellants. The appellant-RSRTC agreed before Single Bench of this Court to reinstate him in service provided he did not claim salary for the period prior to 13.06.1985. That writ petition was accordingly disposed of vide order dated 25.11.1993. The respondent was, however, reinstated belatedly by passing order dated 29.04.1994, as a daily wage Conductor and was posted at Jhalawar. The respondent represented thereagainst. Subsequently, vide another order dated 01.06.1994, he was treated to be reinstated in service w.e.f. 08.12.1993 and posted at Hindaun. Being not satisfied therewith, the respondent preferred another Writ Petition No. 496/1995 before Single Bench of this Court, which was dismissed vide order dated 08.03.1995. The aforesaid order was challenged before Division Bench of this Court by the respondent by filing D.B. Civil Special Appeal (Writ) No. 357/1995, which was disposed of vide judgment dated 04.09.1995 after recording statement made by the learned counsel for the RSRTC that the respondent shall be treated as regular employee w.e.f. 01.03.1986. Yet another Writ Petition No. 5985/1996 was filed by the respondent before Single Bench of this Court for the purpose of counting his period of service continuously as the appellants had not counted intervening period wherein the respondent was required to join his duties at Hindaun. Writ petition was dismissed by the Single Bench. Thereafter, the respondent preferred D.B. Civil Special Appeal No. 809/1997 before Division Bench of this Court, which was disposed of on 10.07.1997 directing the RSRTC to take the respondent in service so that he may have the satisfaction of continuity in service and simultaneously requiring the respondent to immediately join the duties without any demur.
(3.) It is after so much of litigation that the respondent finally joined his duties but thereafter he was served with a charge sheet dated 10.01.2000 alleging that he was absent from duty for the period from 30.09.1999 to 11.12.2001. Earlier also a charge sheet was issued to the respondent on 15.10.1997 on the allegation that he, during the off days, had cancelled the travel of the vehicle of several kilometers on the ground that there had been no passengers and on account of mechanical failure of the vehicle. He caused loss to the tune of Rs. 22,010/- to the RSRTC by cancelling 2193 kilometers. Yet another charge sheet dated 25.06.2003 was issued to the respondent alleging that when he was transferred vide order dated 13.08.2002 from Kota to Hanumangarh, he did not report for duty at Hanumangarh. Though a notice was served on him on 11.09.2002 for joining duty but he avoided doing so on the pretext of back and spinal pain for which he was undergoing treatment at S.M.S. Hospital, Jaipur. Thus, he remained absent from duty from 14.08.2002 to 08.03.2004. In his reply, stand of the respondent was that he was suffering from mental as well as physical illness and therefore could not report on duty. Enquiry was conducted against the respondent in all three cases. After completion of enquiry, Chief Manager of the RSRTC passed a common order of penalty of removal of the respondent from service on 10.05.2006. Appeal filed by the respondent thereagainst was dismissed vide order dated 20.06.2007. The respondent challenged both the aforesaid orders by filing writ petition which was disposed of vide order dated 11.01.2008 with direction to the respondent to avail alternative remedy before the Labour Court under the Industrial Disputes Act , 1947. The respondent then preferred D.B. Civil Special Appeal No. 416/2015 before Division Bench of this Court, which vide judgment dated 03.08.2015 set aside the order dated 11.01.2008 and remanded the matter back to the Single Bench to decide the writ petition afresh in accordance with law. It is thereafter that the learned Single Judge of this Court vide impugned judgment dated 23.03.2017 has allowed the writ petition in the terms as indicated hereinabove.;