AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. AJAYBHAI SURESHCHANDRA DAVE

JUDGEMENT

(1.) Though served, none appears for the respondent.

(2.) By this petition, the petitioner has challenged the judgment and order dated 4.11.2003 of the Industrial Tribunal at Ahmedabad in Reference (IT) No.90 of 1996 whereby the Industrial Court has cancelled the penalty order imposed upon the present respondent on 3.7.1991.

(3.) The case of the present petitioner is that while driving the vehicle of the petitioner-Ahmedabad Municipal Transport Service, the respondent has met with an accident on 24.10.1993, pursuant to which notice was issued on 20.12.1993 and penalty was imposed on the respondent by order dated 3.7.1996 whereby he was imposed penalty of stoppage of one increment with future effect. The same was challenged before the Industrial Court. The Industrial Court cancelled the penalty on the ground that he was exonerated by the Criminal Court and only for one offence he has to face the departmental inquiry as well as the criminal proceedings.