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SUDESH BANSAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Udai Singh Kumawat – Respondent
ORDER
1. Appellant-defendant Rajasthan State Road Transport Corporation (hereinafter referred as "RSRTC") has preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 7.7.1999 in Appeal No.271/1996 passed by Additional District Judge, No.8, Jaipur City, Jaipur affirming the judgment and decree dated 5.4.1991 passed by Munsif and Judicial Magistrate No.3, Jaipur City, in Civil Suit No.842/1987 whereby while termination order of respondent plaintiff (hereinafter "plaintiff") was declared as illegal, void and violative to principles of natural justice, he has also been declared entitle for back wages and monetary benefits from date of termination i.e. 21.07.1983.
2. The facts of case are that plaintiff was appointed on the post of Conductor, after following regular mode of recruitment process but later on his services were terminated by defendant RSRTC vide order dated 21.07.1983 during his probation period. The termination was made on account of remarks against plaintiff that he was carrying nine passengers and 240 Kg luggage without tickets. Plaintiff preferred an appeal against termination order to Appellate Authority who dismissed the appeal on 28.7.19
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 the termination of employment must adhere to principles of natural justice, including the opportunity for a hearing, and that civil courts ....
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....
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.
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