Rajasthan High Court
CW/18645/2022 of RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs GENERAL SECRETARY on 20 May 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18645/2022 Rajasthan State Road Transport Corporation, Through Its Chief Manager, Sanganer Depot, Jaipur. ----Petitioner Versus General Secretary, Rajasthan Transport Workers Union, 881, Teesara Chauraha, Baba Harishchandra
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18645/2022
Rajasthan State Road Transport Corporation, Through Its Chief Manager, Sanganer Depot, Jaipur.
----Petitioner
Versus
General Secretary, Rajasthan Transport Workers Union, 881, Teesara Chauraha, Baba Harishchandra Marg, Chandpole Bazaar, Jaipur (On Behalf of Shri Hari Singh Solanki, Driver)
----Respondent
For Petitioner(s)
:
Mr. Anubodh Subodh Jain
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
20/05/2026
1. Heard learned counsel for petitioner and perused the record.
2. Petitioner-Rajasthan State Road Transport Corporation (hereinafter referred to as “Corporation”) have come up in the instant writ petition to assail the award dated 06.07.2022, passed by the Industrial Tribunal, Jaipur whereby and whereunder the domestic enquiry conducted by the Corporation was held violative to the principle of natural justice and de novo enquiry was observed to be impermissible on account of death of delinquent employee, hence, consequently, punishment order dated 31.01.1996, “stoppage of two annual grade increments with cumulative effect” was declared illegal and irrelevant and the legal representatives of delinquent employee (deceased) were held entitled to get the mandatory benefits accordingly.
(2 of 3) [CW-18645/2022]
3. It is a case where the delinquent employee was punished for stoppage of two annual grade increments with cumulative effect vide order dated 31.01.1996 holding him guilty pursuant to the charge-sheet dated 03.11.1987 in respect of driving the vehicle negligently on the puncture tyre twice and remaining absent from duty without information from 10.07.1987 to 21.09.1987. The punishment order was passed based on the domestic enquiry. Initially, punishment order was quashed by the Tribunal vide order dated 27.12.2003 on the premise that stoppage of annual grade increment with cumulative effect is not permissible, however, the order of Tribunal was quashed and the matter was remanded to decide afresh by the High Court vide order dated 03.01.2008 passed in S.B. Civil Writ Petition No. 35/2005. After remanding, the Tribunal has decided the matter afresh and passed the award dated 06.07.2022 (impugned herein).
4. It is not in dispute that the delinquent employee has passed away wayback on 17.11.2001.
5. In the impugned award, learned Tribunal has examined the validity of domestic enquiry and has clearly observed that same stands vitiated on various accounts. In the domestic enquiry, instead of complaining Officer-in-charge or the concerned authority viz. Mechanical Engineer, by whom notices were issued, Managing Director, was produced by the Corporation.
6. That apart, the Tribunal observed that proper opportunity to defend the charges was not accorded to the delinquent employee. Thereafter, the Tribunal has held that since the domestic enquiry stands vitiated on account of not adhering to the principle of natural justice, same was declared illegal and invalid.
(3 of 3) [CW-18645/2022]
7. Further in view of the undisputed fact that the delinquent employee has passed away way back on 17.11.2001, de novo enquiry was not permissible in light of decision of the Coordinate Bench of this Court delivered in case of Smt. Prem Kumari Vs. CIT [1995 (70) FLR 244], and finally the Tribunal declared the punishment order as illegal and invalid.
8. This Court in exercise of its writ jurisdiction, does not find any perversity in the fact findings recorded by the Industrial Tribunal nor the impugned award suffer from any jurisdictional error or manifest illegality, warranting interference by the High Court within the scope of judicial review.
9. As a result, instant writ petition is hereby dismissed.
10. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN/3