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2025 DAILYLAW 3345 (RAJ)

MAHESH KUMAR SON OF SH. BIRBAL SINGH v. RAJASTHAN STATE ROADWAYS TRANSPORT CORPORATION

CW/699/2025 · 2025-01-20

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:2610] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 699/2025 Mahesh Kumar Son Of Sh. Birbal Singh, Aged About 49 Years, Resident Of Ward No. 1, Nawalari, Nawalgarh District Jhunjhunu. ----Petitioner Versus 1. Rajasthan State Roadways Transport Corporation, Parivahan Bhawan, Chaumu House, C-Scheme, Jaipur, Rajasthan, Through Its Managing Director. 2. Chief Manager, Rajasthan State Roadways Transport Corporation, Jhunjhunu Depot, Central Bus Stand, Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Purshottam Lal Hissaria For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/01/2025 1. By filing instant writ petition under Article 226 of the Constitution of India, a challenge has been made by the petitioner to the order dated 30.08.2024 passed by the Chief Manager, Rajasthan State Road Transport Corporation, Junjhunu Depot, penalizing the petitioner with stoppage of one annual grade increment with cumulative effect as also with stoppage of two annual grade increment without cumulative effect. 2. During course of arguments, counsel for petitioner is fair enough to admit that the remedy of Departmental Appeal against the impugned order before the Managing Director, RSRTC is available as per Section 35(vii) of the Rajasthan State Road Transport Workers Standing Orders, 1965 to be filed within 30 [2025:RJ-JP:2610] (2 of 2) [CW-699/2025] days, but since the copy of punishment order was served upon the petitioner belatedly and, in the meanwhile, period of limitation of 30 days to file the appeal expired, hence, petitioner preferred instant writ petition. 3. Having argued the writ petition for some time, counsel for petitioner having instructions from the petitioner, seeks permission to withdraw this writ petition in order to avail the statutory remedy of appeal before the Managing Director, RSRTC in view of Section 35(vii) of the Rajasthan State Road Transport Workers Standing Orders, 1965. 4. In view of above, instant writ petition stands disposed of with liberty to petitioner, to avail the alternative remedy of appeal against the impugned order. 5. It is hereby observed that in case, appeal is filed within a period of 30 days from today, the Appellate Authority shall consider and decide the appeal on merits ignoring the issue of delay. 6. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /15