1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.3721/1995. : : Bhagchand Vs. RSRTC & Ors. : : Date of Order 31.3.2009 HON'BLE MR.JUSTI CE MOHAMMAD RAFI Q Mr. Trilok Choudhary for the petitioner. Mr. Virendra Lodha for the respondents. Controversy similar to the present one was raised before this Court in Rameshwar Vyas Vs. RSRTC passed in SB Civil Writ Petition No.4515/2000 dated 6.12.2000 and the learned Single Judge upon hearing the arguments of the parties held that merely because the tickets were lost by the conductor, it cannot be mechanically concluded that the value of the tickets should be taken as loss to the Corporation and recovery order could not be mechanically passed. It was, however, held that the corporation would be free to impose any other suitable and appropriate punishment against the conductor concerned. The following observation made by the learned Single Judge on the aforesaid matter are worth quoting :- 2 “Having heard the learned counsel, I have come to the conclusion that so far as the facts are concerned, they are not in dispute and the only question is as to whether the amount of Rs.16,154/- could be ordered to be recovered on the ground that, that was the face value of the tickets lost. To my mind, it cannot be presumed that the tickets lost shall be returned to have been misused in toto without there being any material on record to show that they were actually misused. It is all right, there was a likelihood of the tickets being misused, against which the precautions have already been taken by the RSRTC by circulating to all concerned that those particular tickets from No.596788604 to 800 of the denomination of Rs.75/- and over and above have been lost. The punishment order is, therefore, vitiated by adoption of a wrong approach by the Disciplinary Automatically. It could not have been mechanically concluded that there was a loss to the corporation of Rs.16,154/- depending on the face value of the tickets. The corporation was free to impose any other suitable and appropriate punishment, but not recovery of the entire amount represented by the face value of the tickets, lost.” This judgment was later followed in SB Civil Writ Petition No.8858/2002 : Kalyan Prasad Sharma Vs. RSRTC 3 Jaipur & Anr. decided on 9.7.2008. In my view also, loss of tickets, which may be valuable possession but that by itself cannot be said to be loss to the corporation of the amount of face value of such tickets. But then, it may be a case of negligence. In the result, the writ petition is allowed and the impugned order dated 25.7.1995 is set aside. The respondent-corporation would however be free to pass an appropriate order imposing a suitable punishment on the petitioner as may be deemed appropriate in accordance with law. The writ petition is allowed with the aforesaid liberty to the respondents. (MOHAMMAD RAFI Q)J. ravi.