DIVISIONAL CONTROLLER Vs. AMRUTBHAI V PATEL

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 31st March 2009 passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.83 of 2005, whereby the Reference of the petitioner came to be rejected.

(2.) The facts in brief are that the respondent was discharging his duty as a conductor of the bus of the petitioner-Corporation in Chandola Depot and on account of an irregularity committed by him on 01st May 1999, he was issued chargesheet. After following due procedure, the disciplinary authority of the petitioner-Corporation imposed punishment of putting him to his original pay-scale. The respondent preferred First Appeal as well as Second Appeal, however, both of them were rejected. Against the said action, the respondent raised a dispute by way of Reference (IT) No.83 of 2005, which was partly allowed, by way of impugned judgment and award. Hence, present petition.

(3.) Heard learned counsel appearing for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularities/ misconducts on 28 different occasions in the past. Being an employee, attached with a public utility sector, it was the duty of the respondent to take necessary care and caution while discharging his duties. Inspite of having committed such defaults in the past, the respondent had not exercised reasonable care and was found negligent, which is highly unbecoming of a Government employee.