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2014 Supreme(SC) 207

B.S.CHAUHAN, J.CHELAMESWAR
Rajasthan State TPT Corpn. – Appellant
Versus
Bajrang Lal – Respondent


Judgement Key Points

The legal document discusses several important principles related to employment law, disciplinary actions, and the jurisdiction of courts in second appeals.

Firstly, it clarifies that there is no absolute prohibition for a High Court to entertain a second appeal on questions of fact, especially when the factual findings are found to be perverse. This indicates that the High Court can interfere with factual findings if they are shown to be unreasonable or unsupported by evidence (!) (!) .

Secondly, the document emphasizes that a party alleging misconduct or procedural violations must substantiate their claims with sufficient evidence. If pleadings are vague or unsupported by proper evidence, courts are not obliged to entertain such claims (!) (!) .

Thirdly, it underscores that in disciplinary proceedings, adherence to principles of natural justice—such as providing the accused with an opportunity to cross-examine witnesses and access relevant documents—is essential. Failure to do so can vitiate the proceedings and render the termination order invalid (!) (!) .

Additionally, the document states that the burden of proof lies with the party making allegations. A finding of misconduct or procedural violation cannot be based solely on unsubstantiated assertions (!) .

Finally, regarding the proportionality of punishment, it affirms that in cases involving corruption or serious misconduct, dismissal from service is the appropriate and often the only justified penalty. The courts recognize that in such cases, a punishment less than dismissal would be disproportionate and contrary to public interest (!) (!) (!) .

In summary, the document highlights that courts can entertain second appeals on factual grounds if findings are perverse, that allegations require proper proof, that principles of natural justice must be followed in disciplinary proceedings, and that severe misconduct warrants appropriate disciplinary measures, including dismissal.


ORDER

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred by the Rajasthan State Road Transport Corporation (hereinafter referred to as `Corporation’) against the judgment and order dated 8.11.2005 passed by the High Court of Judicature for Rajasthan (Jaipur Bench) in S.B. Civil Second Appeal No. 449 of 2003 upholding the judgment and decree dated 28.1.2003 in Civil Regular Appeal No. 119 of 2002 passed by Additional District Judge, Jaipur, by which and whereunder, it has affirmed the judgment and decree dated 30.11.1994 passed by the Additional Civil Judge (Jr. Div.) No. 2, Jaipur in Civil Suit No. 1346 of 1988.

2. Facts and circumstances giving rise to this appeal are that:

A. The respondent while working as a trainee conductor on daily basis was found carrying certain passengers without tickets and, thus, an enquiry was initiated against him. Two chargesheets dated 11.3.1988 were served upon him. In the first chargesheet, it was alleged that on 24.2.1988 while he was on duty enroute Kota-Rajpura, when his bus was checked, it was found that 10 passengers were traveling without tickets, though he had collected the fare from each of them. In the second chargesheet, it had been alle






































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