Full Judgment Text
NonReportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.9957 OF 2018
(Arising out of S.L.P.(C) No.26347 of 2018)
(D.No.23039 of 2018)
Chief Manager, Rajasthan State
Road Transport Corporation, Alwar ….Appellant(s)
VERSUS
Vinod Kumar Sharma …Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgment
and order dated 06.02.2018 passed by the High
Court of Judicature for Rajasthan Bench at Jaipur
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2018.09.25
15:52:40 IST
Reason:
in D.B. Special Appeal Writ No. 1960 of 2017
1
whereby the High Court dismissed the appeal filed
by the appellant herein and thus confirmed the
order dated 18.08.2017 passed by the Single Judge
of the said High Court in S.B. Civil Writ Petition
No.14368 of 2011, which arose out of the award
dated 25.07.2011 passed by the Industrial
TribunalcumMagistrate Court, Alwar.
3. Few facts need mention for the disposal of the
appeal hereinbelow.
4. The appellant is the employer Rajasthan State
Road Transport Corporation. The respondent is the
employee working at all relevant time with the
appellant on the post of Conductor.
5. The dispute relates to dismissal of the
respondent from the services on the ground of
misconduct committed by him while on duty. The
dismissal of the respondent is based on domestic
inquiry.
6. The dispute in relation to the respondent's
dismissal was dealt with by the Industrial Tribunal
2
at the instance of the respondentemployee with a
view to decide its legality and correctness.
7. It was then carried to the High Court in two
rounds earlier which eventually led to passing of the
impugned order by the Division Bench in an appeal
filed by the appellant herein and now finally it is
before this Court at the instance of the employer
(Rajasthan State Road Transport Corporation)
against the dismissal of their appeal by the High
Court.
8. We heard the learned counsel for the parties
and perused the impugned order of the Division
Bench.
9. We are constrained to observe that on reading
the impugned order, it is difficult to discern much
less appreciate the factual and legal controversy in
its proper perspective. The reasons are not far to
seek.
10. The impugned order has neither set out the
facts properly nor the findings of the Tribunal
3
clearly and Single Judge and nor dealt with any
submissions urged by both the counsel and nor
given its reasoning keeping in view the law laid
down by this Court on the issues arising in the case
to justify the dismissal of the appeal filed by the
employer (appellant herein).
11. In substance, we are not able to appreciate the
slip short narration of the facts and
unsubstantiated reasoning in support of the
conclusion arrived at by the Division Bench.
12. For these reasons, we do not wish to probe
into the factual and legal issues arising in the case
and instead allow the appeal, set aside the
impugned order and remand the case to the
Division Bench of the High Court for deciding the
appeal afresh on merits keeping in view the
aforementioned observations made by us.
13. The appeal thus succeeds and is accordingly
allowed. Impugned order is set aside. The case is
remanded to the Division Bench for deciding the
4
intra Court appeal afresh on merits in accordance
with law. Since we form an opinion to remand the
case to the Division Bench, we refrain from going
into the merits of the case and, therefore, the High
Court will decide the appeal uninfluenced by any of
our observations.
14. We request the High Court to decide the appeal
as expeditiously as possible preferably within 6
months.
………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[S.ABDUL NAZEER]
New Delhi;
September 25, 2018
5