SBCWP NO.2191/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2191/2002. Rambabu Sharma Vs. Managing Director RSRTC Jaipur & Ors. Date of order : February 06, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.K. Singhal for the petitioner. Shri Ashok Bansal fopr R.S.R.T.C. **** BY THE COURT :- This writ petition has been filed by the petitioner challenging the order of penalty dated 15/3/2002 by which he has been awarded penalty of paying fine of Rs.30,000/- and has been warned to be careful in future. 2) Shri N.K. Singhal, learned counsel for the petitioner has argued that petitioner was working on the post of Driver and while discharging the duties of Driver of Bus No.R.N.P.-1108 of the Hindaun Depot at the Tonk Route, when he came near to Kakod, the break of the bus failed and in that process, the bus was collided with a truck; thereupon front window glass of the bus was broken and some damage was SBCWP NO.2191/02. 2 caused to the bus. Memorandum of charge-sheet was served upon the petitioner on 16/2/1995. The enquiry officer in his report submitted on 27/11/1998 concluded that the accident took place due to failure of the break and that there was no negligence on the part of the petitioner and there was no deliberate intention of the petitioner of causing accident. Even then the disciplinary authority awarded penalty of paying fine of Rs.30,000/-. It was argued that the disciplinary authority in the impugned-order has although made an observation that he concur with the findings of the enquiry officer but even then passed the order of penalty whereas factually he has not accepted the findings of the enquiry officer and has differed with the findings thereof otherwise, there was no question of penalty having been imposed upon the petitioner. 3) Learned counsel invited the attention of the court towards the copy of the enquiry report which is filed on record with his additional affidavit dated 20/5/2002. 4) Shri Ashok Bansal, learned counsel appearing for the R.S.R.T.C. though opposed the writ petition but he is not in a position to justify why when the enquiry officer has exonerated the petitioner on the premise that accident took place due to mechanical defect in the vehicle, the disciplinary authority imposed penalty and that too without giving any notice of dissent. SBCWP NO.2191/02. 3 The writ petition deserves to be allowed and is hereby allowed. The impugned-order dated 15/3/2002 is quashed and set-aside. The disciplinary authority would be at liberty to get a notice of dissent served upon the petitioner and pass appropriate orders in accordance with law. (MOHAMMAD RAFIQ), J. anil SBCWP NO.2191/02. 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.1938/2002. IN S.B. CIVIL WRIT PETITION NO.2191/2002. Rambabu Sharma Vs. Managing Director RSRTC Jaipur & Ors. Date of order : February 06, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.K. Singhal for the applicant-petitioner. Shri Ashok Bansal fopr R.S.R.T.C. **** BY THE COURT :- Consequent upon disposal of the writ petition, this stay application does not surrive any further. The stay application is consequently rejected. The interim-order dated 16/10/2002 is vacated. (MOHAMMAD RAFIQ), J. anil