[2026:RJ-JP:2231]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4530/2008 Dhanesh Chand Sharma S/o Late Shri Puranmal Sharma, aged about 54 years, R/o House No.2 Te 3, Housing Board, Krishna Colony, Bharatpur.

----Petitioner Versus

1. Chairman Cum Managing Director Rjasthan State Road Transport Corporation, Parivahan Marg, Jaipur.

2. Chief Manager Rajasthan State Road Transport Corporation Bus Stand Bharatpur.

----Respondents For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) : Mr. Surendar Meel HON'BLE MR. JUSTICE ANAND SHARMA

Order

19/01/2026

1. Petitioner has filed the instant writ petition against order dated 23.11.2007 passed by the Chief Manager, Rajasthan State Road Transport Corporation, Bharatpur Depot Bharatpur, whereby penalty of withholding one grade increment without cumulative effect has been inflicted along with warning to remain cautious in future. Petitioner has also assailed order dated 22.01.2008, whereby the appeal filed by the petitioner against the penalty order has been dismissed by the General Manager (Operation) Jaipur Zone, on account of being time barred.

2. Learned counsel for the petitioner submits that the petitioner was served with one charge-sheet dated 12.12.2006 containing two charges relating to misbehaviour with the higher officer and wilful absence. Such charge-sheet was defended by him by way of filing reply and, thereafter, inquiry was conducted. After conducting inquiry from both the sides, the Inquiry Officer came to the conclusion that none of the charges levelled against the petitioner were made out. Copy of the inquiry report was served upon the petitioner and since it was in favour of the petitioner, therefore, he was not required to make any representation against such inquiry report. Thereafter, one notice for personal hearing was received by him and despite the fact that the Inquiry Officer has given findings in favour of the petitioner and has held that the charges are not proved against him, without showing any cogent reasons or without framing any points of disagreement as well as, by not giving any opportunity to the petitioner over any points of disagreement, in quite arbitrary and illegal manner, undermining the procedure contemplated under the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965, penalty order dated 23.11.2007 has been passed inflicting penalty of withholding one grade increment without cumulative effect. Against the order dated 23.11.2007, although the appeal was filed by the petitioner on 15.12.2007, yet same was not entertained and was dismissed being time barred by limitation.

3. Learned counsel for the petitioner submits that under the Standing Orders of 1965, the procedure for imposing minor as well as major penalty is same and the Standing Orders do not confer any right upon the disciplinary authority to ignore the findings of the Inquiry Officer and to take a different view from that taken by the Inquiry Officer. Learned counsel further submits that even bare perusal of impugned penalty order dated 23.11.2007 would reveal that in the entire order, otherwise also, no justified reason has been given by the disciplinary authority to take a different view than the inquiry report submitted by the Inquiry Officer. Thus, the order has been passed in utter violation of provisions of Standing Orders of 1965 as well as principles of natural justice and same is liable to be quashed and set aside.

4. Per contra, learned counsel for the respondents- Corporation submits that the Inquiry Officer could not properly appreciate the evidence led before him, therefore, the disciplinary authority has got right to re-examine the inquiry report and where it is found that the Inquiry Officer has not given its report on the basis of record, the disciplinary authority has got right to take a different view. The disciplinary authority is not bound by the findings given by the Inquiry Officer; therefore, after