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SUDESH BANSAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Om Prakash Dhadich – Respondent
JUDGMENT
Sudesh Bansal, J. - The appellant- defendant-RSRTC (hereafter 'the RSRTC) has preferred this second appeal assailing the judgment and decree dated 28-10-1999 passed by the Additional District Judge No. 8, Jaipur City, Jaipur in first appeal No. 326/1996 dismissing appeal and affirming the judgment and decree dated 11-10-1990 passed by the Additional Munsif and Judicial Magistrate No. 3, Jaipur city, Jaipur in civil suit No. 150/1987 whereby and whereunder suit has been decreed, the termination order dated 26-3-1985 was quashed and set aside and plaintiff has been declared entitled for all monetary benefits from the date of termination.
2. Facts as culled out from the record are that respondent-plaintiff (hereafter 'the plaintiff') filed a suit that plaintiff was appointed on the post of Conductor on daily wages on 24-6-1983 and subsequently vide order dated 22-10-1984 he was appointed on probation. He was removed from service vide order No. 302 dated 26-3-1985 because on 5-3-1985 while he was on duty of Conductor on the route of Balotra to Barmer his vehicle was checked and despite there being no passenger without ticket remark of 15 passengers without ticket was made. Howev
The main legal point established in the judgment is the stigmatic nature of the termination, the requirement of conducting an enquiry, and the entitlement of the plaintiff for backwages from the date....
The termination of a probationary employee cannot be stigmatic without an enquiry, and the civil court has jurisdiction to entertain a suit challenging such termination.
The central legal point established in the judgment is that where an enquiry has been conducted in violation of principles of natural justice, a civil suit will be maintainable for the purpose of dec....
The central legal point established in the judgment is that the termination of employment must adhere to principles of natural justice, including the opportunity for a hearing, and that civil courts ....
Civil courts have jurisdiction to try suits challenging termination orders on the ground of violation of equality and principles of natural justice.
The termination of an employee without notice, enquiry, or opportunity of hearing, in violation of principles of natural justice, is illegal and may entitle the employee to back wages.
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
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