DIVISIONAL CONTROLLER Vs. RAJARAMBHAI OKARBHAI PATEL

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Vadodara in Reference (IT) No.249/1998 dated 07.08.2004, whereby, the said reference was partly allowed and the order of punishment was modified to the effect that a penalty of stoppage of yearly increments for two years without any future effect was imposed and also directed the petitioner to pay arrears with 11% interest and cost of Rs.1000/-.

(2.) The facts in brief are that the respondent-workman came to be charge-sheeted in connection with certain irregularities / misconducts. After holding departmental inquiry, the penalty of stoppage of two increments with future effect came to be imposed on the respondent. Against the said orders, the respondent filed first appeal before the first appellate authority of the petitioner, which were rejected. Thereafter, second appeals were preferred, wherein, the penalty in the three different cases were modified to a certain extent. Being aggrieved by the said order, the respondent approached the Industrial Tribunal by way of a Reference. The Tribunal, by way of the impugned award, partly allowed the Reference by reducing the penalty. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularities / misconduct on 38 different occasions in the past. The charges that stood proved against the respondent include financial irregularities, absenteeism, etc. Being a Government servant attached with the transport sector, it is highly unbecoming that he has continued with his misconducts.