AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. RAMESHCHANDRA AMRATLAL MODI

JUDGEMENT

(1.) Rule. Mr.Dhotre waives service of notice of rule on behalf of the respondent. At the joint request of the learned advocates for the parties, the petition is heard for final disposal today.

(2.) By the present petition, the petitioner, Ahmedabad Municipal Transport Service, has challenged the legality and validity of the order dated 27th February 2004 passed by the Industrial Tribunal, Ahmedabad. By the said order passed below application Ex.2 in Complaint (IT) No.298/03, the Industrial Tribunal was pleased to grant interim injunction in favour of the respondent-workman to the effect that till the main proceedings, i.e. Complaint (IT) No.298/03 is finally disposed of, the petitioner is at liberty to continue with the departmental inquiry against the respondent workman, however till the final outcome of the criminal case against the respondent and without taking into account the decision therein, the petitioner shall not pass any final order without permission of the Court.

(3.) The short facts leading to the present petition are as under: The respondent is working with the petitioner Corporation since 15.10.73 as Electrician. It is the case of the petitioner that on 16.9.2003, when the respondent was on duty and at about 5.00 p.m. when the respondent was leaving the campus of the office, he was checked by the watchman in presence of senior officer Mr.Dodia upon some suspicion and during checking, it was found that the respondent was carrying a bag containing 5 starters. Based on the said event, chargesheet came to be issued against the respondent on 23.9.2003. Pursuant to the said chargesheet dated 23.9.2003, a full-fledged departmental inquiry was conducted against the respondent. Statements of witnesses were recorded and the respondent was also given copies of the documents upon which the petitioner sought to place reliance. At the end of the inquiry, the Inquiry Officer submitted his report dated 11.11.03 concluding that the charges against the petitioner stand proved. On the basis of the Inquiry Officer's report, the petitioner issued another show cause notice dated 2.12.2003 calling upon the respondent to show cause as to why he should not be dismissed from service. It is the case of the petitioner that instead of replying to the said show cause notice dated 2.12.2003, the respondent approached the Industrial Tribunal by filing Complaint (IT) No.298/2003. In the said proceedings, the Industrial Tribunal passed the impugned order dated 27.2.2004 below application Ex.2, as mentioned above. It is this order dated 27.2.2004 that has been challenged by the petitioner in the present petition.