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2008 Supreme(SC) 700

S.B.SINHA, P.P.NAOLEKAR
Rajasthan SRTC – Appellant
Versus
Mohar Singh – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. First appellant (Corporation) is a statutory corporation constituted and incorporated under the Road Corporation Act, 1951. Respondent herein was a driver of a bus employed by the Corporation.

3. On the charges of alleged commission of misconduct on the part of the respondent, a disciplinary proceeding was initiated against him on or about 6.11.1982. The Enquiry Officer found him guilty of the said charges. By reason of an order dated 31.5.1985, the disciplinary authority, upon considering the report of enquiry officer inflicted the punishment of dismissal from services on him with immediate effect. It was furthermore directed that he shall not be entitled to further wages save and except what has already been paid to him by way of subsistence allowance.

4. An appeal preferred by him was dismissed by the Appellate Authority by an order dated 16.6.1987.

5. Respondent filed a civil suit in the Court Additional Munsif, Jaipur which was marked as Civil Suit No.632/88 (290/86). In his written statement, the appellant, inter alia, contended that the Civil Court had no jurisdiction to entertain the suit. Some of the issues framed by the Civ














































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