AJITSINH UDAYSINH GADHVI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) THE petition, under Articles 226 and 227 of the Constitution of India, has been filed by the petitioner, with the following relief(s):

(2.) BRIEFLY stated, the facts of the present case are that the petitioner has joined the service of the respondent-Corporation as Driver in the year 1978. The petitioner was promoted as Assistant Traffic Inspector. After joining the service as Assistant Traffic Inspector in the Bharuch Division, he was transferred four times, within a period of two years. When fourth time, he was transferred out of Bharuch, he approached the Civil Court, Bharuch to obtain stay order. Civil Court, Bharuch has issued notice to the respondent. After the receipt of the notice of the Civil Court, chargesheet was issued by the respondent against the petitioner. The petitioner had requested the respondent authority to stay the departmental proceedings till the civil matter is finalized by the Civil Court. In absence of the petitioner, the departmental proceedings were held against him. The petitioner was terminated from the services on 26.11.1994 by the respondent.

(3.) THE learned counsel for the petitioner has contended that the earlier Reference was partly- allowed by the Labour Court vide judgment and award dated 24.02.2005. However, pursuant to the order passed in Special Civil Application No.13834 of 2005 vide judgment dated 24.08.2005, the matter was remanded to the Labour Court. The learned counsel for the petitioner has further contended that the petitioner was promoted as Assistant Traffic Inspector and he was punished for misconduct. The Labour Court erred in stating that the High Court decided that the workman has committed the misconduct, and therefore, it has to consider only the question of proportionality of punishment. The High Court has only decided to remand the matter and allowed the respondent Corporation to produce default card and adduce evidence with regards to past misconduct and reconsider the matter a fresh. Therefore, the present petition is required to be allowed.