LAWS(DLH)-2015-5-522

VINOD GAHLOT Vs. AIR-INDIA LTD. AND ORS.

Decided On May 06, 2015
Vinod Gahlot Appellant
V/S
Air -India Ltd. And Ors. Respondents

JUDGEMENT

(1.) This case is on the Regular Board of this Court since 9.3.2015. No one appears for the petitioner when the matter is called out in the regular matters. No one appeared for the petitioner even yesterday i.e. on 5.5.2015.

(2.) By the writ petition filed under Article 226 of the Constitution of India, the petitioner questions the actions of the employer/respondent no. 1 in passing the order dated 4.4.2000 and an earlier penalty order dated 22.9.1998, the conjoint effect of which was that petitioner was not promoted to the post of Manager and he was not given ZZ category allowance w.e.f 1.1.2000.

(3.) (i) The petitioner was working as a Senior Check Flight Purser and on 11.3.1998 petitioner was found to have brought with him cosmetic items on flight AI -413 from Singapore. Petitioner was charged with custom duty of Rs.8,525/ - alongwith a personal penalty of Rs.3,000/ - and a redemption fine of Rs.4,500/ -. Respondent no.1/employer accordingly acting in accordance with Standing Order 23 imposed penalty upon the petitioner of reduction of one increment. As per Standing Order 23 once against an employee penal action is brought by the custom authorities under the Sea Customs Act, 1878 and such a person is held guilty, punishment can be imposed after issuing of a show cause notice to the employee.