Gujarat State Road Transport Corporation vs A.I. Shaikh

K.S. Jhaveri, J.—By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Vadodara in Reference (IT) No. 45/2001 dated 28.01.2005, whereby, the order of punishment dated 17.09.1994 passed by the petitioner-Corporation was set aside and the petitioner was directed to pay the differential amount from January 2000 onwards to the respondent.

The facts in brief are that the respondent was charge-sheeted for disciplinary proceedings in relation to an incident that had occurred on 04.02.1992 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of stoppage of five increments with permanent effect, vide order dated 17.09.1994.

Against the said order of punishment, the respondent raised a dispute, which was referred to the Industrial Tribunal, Vadodara. The Tribunal, after hearing both the sides, allowed the reference by way of the impugned award. Hence, this petition.

Heard learned Counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularity/misconduct on thirteen (13) different occasions in the past. Of these thirteen defaults, many defaults related to incidents of similar nature. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.

Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Tribunal ought not to have completely set aside the order of punishment, as it would amount to granting premium to a wrong-doer. In my opinion, if the penalty of stoppage of Two Increments with future effect is imposed on the respondent, the same would meet with the ends of justice. Orders accordingly. The impugned award stands modified accordingly. This order to be implemented within a period of six months from today. The petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.