CW 4345/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4345/06 Birdhi Chand Saini Versus RSRTC & Ors. DATE OF ORDER : 26/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Babu Lal Gupta, for petitioner Mr. Mukesh Verma, for respondents *** Instant petition has been filed by petitioner with the grievance that he was not permitted to join his duties on the post of Conductor and without holding inquiry the respondents straight way took decision making recovery from salary for the alleged amount/charge sheet Ann.1 dt.9th June, 2005 served upon him. Petitioner, who is working as Conductor while he was on duty attached with Bus No.RJ-20-P0-6075 on Kota-Pilani route on 22nd September, 2004 as alleged without taking prior permission from the competent authority left for his village by handing over ticket book & way bill to the driver of the vehicle and who has not returned the same to the authority entrusted by the Corporation in this behalf. It appears that later on petitioner was transferred from Kota to Sikar on 30th CW 4345/06 [2] September, 2004 where he joined his duties at Sikar depot on 18th November, 2004. But later on as alleged by the petitioner, he was not permitted to work at Sikar depot and when the respondents started making recovery with respect to amount of ticket book & way bill, he approached this court by filing instant petition. It has been informed to this court that during pendency of writ petition, petitioner was permitted to join duty at Sikar depot later on, on 27th July, 2006. Only grievance of the petitioner is that what has been alleged by the respondents in not handing over ticket book & way bill on 22nd September, 2004 while he was on the route of Pilani-Kota, and that has caused financial loss to the Corporation. For the alleged misconduct, he has been served with the charge sheet Ann.1 dt.9th June 2005, but no action has been initiated after petitioner submitted his reply Ann.2 and in absence of he being held guilty for the alleged misconduct, respondents were not competent to straightway initiate proceedings to recover the alleged amount which is still to be inquired upon in the regular charge sheet served upon him. CW 4345/06 [3] Respondents have filed reply to the writ petition wherein it has been averred that while he was on duty on 22nd September, 2004 at Pilani- Kota route, he was issued bag of ticket book and very bill which was to be deposited by him on 24th September, 2004. Admittedly, he failed to deposit the same and that has caused financial loss to the Corporation. However, charge sheet has been served upon the petitioner, but looking to admitted financial loss caused on account of negligence of petitioner can certainly recover from salary of the petitioner. Counsel for respondents further submits that apart from amount which is said to be recovered from the petitioner, after he was transferred from Kota to Sikar on 30th September, 2004, he reported for duty on 18th November, 2004 and thereafter, has not turned up. However, this question is not further to be inquired upon since the petitioner has been permitted to join later on, on 27th July, 2006 and if at all there was any alleged misconduct of absence from duty in regard to intervening period, if at all there is any, can certainly be inquired upon by the respondents after holding regular inquiry, if so CW 4345/06 [4] advised. So far as submission made with respect to making recovery from the petitioner is concerned, indisputably for the alleged sum which the respondents wanted to recover from the petitioner a charge sheet has been served upon him dt.9th June,2005 [Ann.1], which is pending consideration before competent authority. What has been alleged by the respondents with regard to act of the petitioner in not handing over the ticket book & way bill on 24th September, 2004 while he was on route from Pilani to Kota is certainly a misconduct under the Standing Orders of the Corporation, but if alleged misconduct has been committed by the petitioner, that can certainly be inquired upon in regular disciplinary inquiry and if held guilty, the Corporation is always free to proceed in accordance with law. But what is being recovered by the respondents pending inquiry in no manner can be countenanced from material on record and it is just putting a cart before horse which is never permitted under law. Consequently, writ petition stands allowed. Respondents are restrained from making recovery from the petitioner in regard to alleged sum for CW 4345/06 [5] which he has been charge sheeted Ann.1 dt.9th June, 2005 any further and what has been recovered shall be subject to final outcome of departmental inquiry pending against petitioner. However, it is also made clear that what has been observed (supra) will not cause any prejudice to either of parties in pending inquiry. No costs. [AJAY RASTOGI], J. FRBOHRA4345CW06 26-11.doc