A Division Bench headed by Justice Narendra Singh Dhaddha and Justice Mohammad Rafiq, dismissed an appeal filed by Rajasthan State Road Transport Corporation (RSRTC) challenging a judgment passed by the single judge of the present court.
In the instant case so filed the respondent writ petitioner claimed that he was appointed in the services of the appellants as a Conductor on 09/03/1984. The respondent writ petitioner was sacked and the appellant RSRTC was ordered to substitute the penalty of compulsory retirement with continuity of service and a payment of 50% of the actual wages. More litigation followed and the respondent finally joined duties. However soon he was presented a charge sheet on 10.01.2000 alleging that his absence in duty had caused RSRTC a loss of 22,010. Another chargesheet followed on 25/06/2003 stating that he had not reported for duty after his transfer from Hanumangarh from Kota. The petitioner stated that he had been undergoing treatment for back and spinal pain and thus managed to account for his absence. Three more cases finally instigated an enquiry and the respondent writ petitioner was sacked again 10/05/2006.this suspension was challenged by the respondent but the court referred it to the Labour Court for alternative settlement. The respondent preferred the matter to a division bench but the division bench passed the matter to a single bench. The learned council held that the decree passed by the single bench had a mistake of law as three different chargesheets could not be summed up under one common order.
The Court upon perusal found out that the court could exercise the powers of judicial review granted to it by the Article 226 of the Indian Constitution and could resolve issues if a matter of disproportionate quantum of punishment was observed.
Case reference - Rajasthan State Road Corporation v. Suresh Agarwal, D.B. Civil Special Appeal (Writ) No. 19 of 2018, decided on 04-11-2019