NANJIBHAI DEVRAJBHAI HARIJAN Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Heard learned advocate Mr.Mukesh H. Rathod for the petitioner and learned advocate Ms.Sejal K. Mandavia for respondent No.1.

(2.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has prayed that the award dated 18.10.2016 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.125 of 2015 (Old No.20 of 2014) be quashed and set aside. The petitioner also prayed that the order of penalty dated 29.03.2007 passed by respondent No.1 Corporation be quashed and set aside and, thereby, respondent No.1 Corporation be directed to pay all consequential benefits to the petitioner.

(3.) It is stated that the petitioner was appointed as Conductor, Badge No.467 at Bhuj Division and he was confirmed with effect from 14.05.2000. When the petitioner was on duty at route of Bhachau to Dholavira on 08.03.2002, at that time, his bus was checked by the Checking Squad at Lalhirani Vandh. It is alleged against the petitioner that one passenger who was travelling from Balasar to Lalhirani Vandh, the petitioner had collected fare and not issued ticket of Rs.10/ ? to the said passenger, though the passenger has asked to issue the ticket. It is also alleged against the petitioner that two passengers of one group, who were travelling from Balasar to Ghadhada were also not issued ticket of Rs.24/ ? though fare was collected by the petitioner. It is further stated that for the aforesaid two allegations, charge ?sheet came to be issued to the petitioner on 13.05.2002. The petitioner gave reply on 02.12.2002. The petitioner denied the allegations.