DIVISIONAL CONTROLLER Vs. RAJENDRASINH KISHORSINH VIHOL

JUDGEMENT

(1.) WITH consent of the parties, the matter is taken up for final disposal.

(2.) RULE . Mr. Mukesh Rathod, learned advocate waives service of notice of rule on behalf of the respondent since he was representative of the respondentemployee before the Labour Court.

(3.) THE facts of the case in brief are that the respondent workman was working as a Driver with the petitioner Corporation. When he was driving the bus on IndoreAhmedabad route on 25.07.2000, he caused an accident with Tata Sumo because of which the driver of the Tata Sumo died for which he was chargesheeted and departmental inquiry was initiated. At the end of the departmental inquiry, the competent authority passed order dated 30.06.2003 by imposing penalty of stoppage of five increments with future effect upon the respondent. The respondent preferred first departmental appeal and the appellate authority by order dated 23.11.2004 reduced the penalty from five increments with future effect to four increments with future effect. The respondent preferred second appeal which was rejected on 03.12.2004.