DIVISIONAL CONTROLLER Vs. SABIRMYA PIRSABMIYA SHAIKH

JUDGEMENT

(1.) By way of this petition, the petitoner Corporation has challenged the award passed by the learned Presiding Officer, Industrial Tribunal, Nadiad dated 30.5.2005 in Reference (IT) No.101 of 2002, partly allowing the reference and setting aside the penal order dated 20.1.2001 through which the respondent was placed on original pay scale of Rs.2650/- of the driver from the date of the award. By the said award, It is also ordered that the respondent is not entitled to recover difference of pay or arrears and further directed that increment for which the respondent is entitled during his service may be added in the original pay scale from the date of publication of the award and also it is directed to pay Rs.300/- towards cost.

(2.) The learned counsel for the petitioner submitted that the respondent was prosecuted before the Criminal Court and keeping in mind his arrest, departmental inquiry was initiated against him and ultimately a show cause notice was issued on 3.11.2000. However, to give an opportunity to the respondent to improve his performance, order dated 20.1.2001 came to be issued whereby only penalty of placing the respondent in the cadre of driver at original pay scale of Rs.2650/- was imposed.

(3.) Keeping in mind the seriousness of the offence, the Tribunal cancelled the penalty order. However, in the operative order, the Tribunal has ordered that all increments and other benefits are to be included on the original pay scale. For the interim period, no benefit is to be granted.