CWP 13188/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13188/2008 Suraj Narain Ojha Versus Joint General Manager, RSRTC & Judge Indl. Trib. Jaipur Date of Order ::: 24/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. MF Baig, for petitioner Instant petition has been filed assailing order dt.18/12/07 (Ann.7) whereby Industrial Tribunal allowed application (Misc. IT Case- 198/02) filed U/s 33(2)(b) of Industrial Disputes Act, 1947 (“Act, 1947”) and approved termination of petitioner (workman) vide order dt. 17/08/02. Petitioner was served with charge sheet on 16/03/02 for the allegation that on 26/02/02 Vigilance Team made inspection of the bus on which he was on duty as Conductor on the route of Mansor-Jodhpur, seven passengers were found without tickets . After holding domestic inquiry, charges were found proved and the disciplinary authority held him guilty of the charges and considered to impose penalty of dismissal from service vide order dt.17/08/02, for approval whereof, respondent Corporation filed application U/s 33(2)(b) of the Act before Industrial Tribunal. After taking note of material placed on record in course of domestic inquiry, learned CWP 13188/08 //2// Tribunal observed that domestic inquiry was not considered to be fair and accordingly, permission was granted to the parties to lead evidence before Tribunal - in pursuance whereof, respondent Corporation got recorded statements of Sri Narendra Bihari Sharma, Ram Singh Rajawat and Govind Narain Sharma who were members of inspecting team and were cross examined by petitioner as is evident from their statements (Ann.3, 4 & 5); and petitioner also led his evidence vide statement & cross examination (Ann.6). Taking note of statements and other material placed on record, learned Tribunal finally recorded its finding holding petitioner guilty of the charge imputed of seven passengers being found without tickets, from whom Rs.118/- were got recovered by inspecting team; and vide order dt.18/12/07 ultimately granted approval to the action of respondent-Corporation dismissing petitioner from service vide order of punishment dt.17/08/02. Hence this petition. Counsel submits that petitioner being a green card holder and as per Circular dt.07- 15/12/2001 (Ann.1), respondents were not justified in inspecting the Bus on which he was working as conductor on the day of inspection by vigilance team; as such very action initiated by respondents CWP 13188/08 //3// of inspecting the Bus while he was holding green card, was totally unauthorized. Counsel further submits that material on the basis whereof, finding impugned was recorded by learned Tribunal holding him guilty of the charge impugned was not sufficient to approve his dismissal from service. Suffice it to say that holding green card in pursuance of order dt.15/12/2001 (Ann.1) will not give a license to an employee to commit misconduct and if inspecting team considered to inspect the vehicle and found seven passengers without tickets while he was working as conductor on the day of inspection, certainly for the alleged misconduct, respondents could have conducted domestic inquiry in accordance with their own Standing Regulations. Learned tribunal after taking note of the evidence led before it, found the charges proved against petitioner, this Court does not find any manifest error in the order impugned (Ann.7) warranting any interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/13188W08-2411-ID.doc