Gujarat State Road Transport Corporation vs Becharbhai Ishwardas Nai

K.S. Jhaveri, J.—Though served, none appears for the respondent.

The case of the petitioner is that the respondent-Conductor, though collected fare from the passengers, had not issued tickets to them. On these allegation, after issuing charge-sheet and holding departmental inquiry, a stoppage of one increment with future effect was imposed. Against the said order, the respondent preferred appeal before the first appellate authority. The first appellate authority imposed punishment of placing the respondent on his original post. Against the said order, the respondent preferred second departmental appeal. The second appellate authority reduced the punishment of the respondent and placed on his original pay for three years without having any future effect. The reference was filed before the Tribunal which came to be allowed by cancelling the order of second appellate authority. Hence, present petition.

Heard learned advocates appearing for the respective parties and perused the documents on record. Keeping in mind the three defaults committed by the respondent in the past and economical and financial loss to the Corporation, the second appellate authority has taken lenient view by placing the respondent on his original pay for three years without having any future effect. I am, therefore of the view that interest of justice would be met by quashing and setting aside the award of the Tribunal. The award of the Tribunal is quashed accordingly. The order second of the appellate authority placing the respondent on his original post for three years without any future effect is restored. Rule is made absolute to the aforesaid extent with no order as to costs.

The aforesaid award shall be implemented within a period of five months from today. The petition stands disposed of accordingly.