DIVISIONAL CONTROLLER Vs. CHHAGAN KANJIBHAI BHADARAKA

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 24th April 2002 passed by learned Industrial Tribunal, Rajkot in Reference (IT) No.304 of 1999 whereby the Tribunal has held that the punishment order imposing punishment of putting the respondent from his present salary to original salary is just and proper and setting aside the punishment order dated 20th September 1997 passed by the reviewing authority and divisional controller enhancing the punishment of putting the respondent o his original salary for five years.

(2.) The respondent herein was serving as Conductor in the petitioner Corporation. While on duty on 8th February 1996 on a surprise checking it was found that the respondent has committed certain irregularities. Though he had collected fare, he had not issued tickets. Therefore a charge-sheet was issued and a departmental inquiry was initiated. Ultimately a punishment of putting the respondent from his present salary to original salary was imposed. The respondent therefore filed an appeal where, after issuing notice to the respondent, the penalty was increased to putting the respondent from his present salary to original salary for five years. The second appeal filed by the respondent came to be dismissed.

(3.) As a result of hearing and perusal of the record I am of the view that the Tribunal has erroneously held that the reviewing authority has no power to enhance the punishment as the reviewing authority has such power to do so. However, in so far as the final order of the Tribunal is concerned, the same is just and proper inasmuch as looking to the gravity of the misconduct I am of the view that imposition of punishment by the original authority is just and proper and there was no case for enhancement of punishment.