DEVENDRASINH ROOPSINH RANA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Heard Mr. N R Langa, learned advocate for the appellant and Mr. HS Munshaw, learned advocate for the respondent.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 22/1/2017 passed by the learned Single Judge of this Court in Special Civil Application No.21880 of 2016 the workman who was working as a driver with the respondent has preferred this intra Court appeal under Clause 15 of the Letters Patent.

(3.) The record indicates that in the year 1992, the appellant- original petitioner was charged with using abusive language against an officer when he was asked to discharge his duty at particular place. The record indicates that after full-fledged inquiry and the departmental proceedings charges against the petitioner were held to have been proved and such proceedings were culminated into order of penalty of reduction of three increments and in fact the same came to be implemented as well. The appellant- original petitioner approached the learned Labour Court, Rajkot by way of Reference after 7 years i.e. in the year 2003, which came to be numbered as Reference (IT) No. 92 of 2003. After considering the evidence on record, more particularly, Exh.11 before the Labour Court whereby the appellant gave up the challenge to the legality of the inquiry proceedings and only challenged the finding thereof, the Labour Court after appreciation of evidence on record was pleased to dismiss the Reference. Feeling aggrieved and dissatisfied with the same, the appellant preferred writ petition being Special Civil Application No.21880 of 2016, which came to be dismissed vide impugned order and same is subject matter of challenge in this appeal.