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2025 DAILYLAW 30742 (RAJ)

PREM SINGH BHAGELA v. R S R T C AND ORS

CW/24159/2017 · 2025-05-07

Anand Sharma V J

body2025

Judgment text

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[2025:RJ-JP:19322] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 24159/2017 Prem Singh Bhagela S/o Shri Sohan Singh, R/o- Village Bhagela Ka Gudha, Post Kadmal, Tehsil Badgaon, District Udaipur (Raj.). ----Petitioner Versus 1. Rajasthan State Road Transport Corporation through Managing Director, Parivahan Marg, Chomu House, Jaipur Raj. 2. The Executive Director, Admn., Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur Raj. 3. The Chief Manager, Rajasthan State Road Transport Corporation, Ajaimeru Depot, Distt. Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya, Adv. For Respondent(s) : Mr. Nitin Sinsinwar, Adv. HON'BLE MR. JUSTICE ANAND SHARMA Order 07/05/2025 1. In the instant writ petition, the petitioner has challenged the order dated 30.08.2016 passed by the Disciplinary Authority and the Chief Manager, Rajasthan State Road Transport Corporation, Ajaimeru Depot, District Ajmer (Rajasthan), whereby, penalty of recovery of Rs.1,21,209/- has been imposed upon the petitioner. 2. Mr. Sunil Kumar Singodiya, learned counsel for the petitioner submits that the aforesaid penalty has been imposed pursuant to an award passed by the Motor Accident Claims Tribunal against respondent- Rajasthan State Road Transport Corporation (hereinafter to be referred as ‘the respondent- Corporation’). [2025:RJ-JP:19322] (2 of 2) [CW-24159/2017] Counsel further submits that the liability imposed upon the respondent- Corporation could not be avoided and shifted upon the petitioner in manner in which the impugned penalty order has been passed. 3. At the outset, Mr. Nitin Sinsinwar, learned counsel for the respondent- Corporation submits that as per Clause 36 of the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders 1965, an appeal is maintainable against any such penalty, however, the petitioner has filed the instant writ petition byepassing an alternate remedy of appeal. 4. In view of the above, where there is an alternative efficacious remedy available to the petitioner for filing of appeal before the Appellate Authority, this Court is not inclined to entertain this writ petition, however, liberty is granted to the petitioner to file an appeal before the Appellate Authority. 5. In case, the petitioner files appeal within a period of one month from the date of receipt of this order then the same shall be decided by the Appellate Authority within a period of three months thereafter. 6. In view of the above and in the light of liberty granted to the petitioner, this writ petition stands disposed of. 7. Pending application/s, if any, also stand disposed of. (ANAND SHARMA),J DIVYA /182