SBCWP5846/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5846/2010 Dharmendra Kumar Sharma Vs. Rajasthan State Road Transport Corporation and Others Date of Judgment :: 29.04.2010 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sunil Kumar Singodiya, Counsel for petitioner #### Petitioner is aggrieved by the fact that despite having submitted an appeal/representation against the order of termination dated 19.02.2009, the same is yet to be decided by the respondents. Therefore, he makes a limited prayer to this Court that the respondents be directed to decide his appeal/representation within a period of two months. In brief, the facts of the case are that initially the petitioner was appointed on the post of driver-cum- conductor on temporary basis vide order dated 05.09.2005 for a period of one year. However, his services were extended from time to time. The petitioner received an order dated 19.02.2009 whereby his services have been terminated without issuing any notice or giving an opportunity of hearing, on the allegation that he was found carrying passengers without ticket. No regular departmental enquiry has been initiated against the petitioner before terminating his service. Against the order dated 19.02.2009, the petitioner submitted appeal/representation before respondent No.1, but till today the respondents have not decided the said appeal/representation preferred by the petitioner. SBCWP5846/2010 // 2 // Ultimately, the petitioner served a notice for demand of justice. But no action has been taken by the respondent-Corporation. Hence,this petition before this Court. It is indeed a settled principle of law that once an appeal/representation has been filed, it should be decided within a reasonable time. Admittedly, the appeal/representation filed on 03.03.2009, has not been decided as yet. The silence on the part of the respondents, despite having received a notice for demand of justice, speaks volumes about the inefficiency and the lethargy of the respondents in deciding the petitioner's appeal/representation. Respondent No.1 being an instrumentality of the State, is expected to adhere to the concept of fairness and justness. Therefore, the respondents are directed to carry out their legal duty and to decide the petitioner's appeal/representation within a period of two months from the date of submission of the certified copy of this order. With these observations, the writ petition is hereby disposed of. (Mohammad Rafiq) J. //Jaiman//