MANILAL BHARMAL CHUNARA Vs. DIVISIONAL CONTROLLER/DIRECTOR

JUDGEMENT

(1.) IN this petition, the petitioner, who was, at the relevant time, working as driver, has challenged award dated 3.5.2003 passed by the learned industrial tribunal in reference (IT) No.225 of 1999.

(2.) IT appears from the record of present petition that in respect of certain misconduct associated with the discharge of his duties, the petitioner was served with a show cause notice / charge sheet dated 11.7.1996 pursuant to which, a departmental inquiry was conducted and thereafter, the disciplinary authority, after taking into account the record of the departmental inquiry, the inquiry officer's report, the nature and gravity of misconduct and the findings of the inquiry officer, concluded that the charges levelled against the present petitioner was proved. The disciplinary authority, therefore, passed an order dismissing the petitioner from service.

(3.) THE petitioner, aggrieved by the said order, approached the departmental appellate authority. After considering the entire record and upon hearing the petitioner herein, the departmental appellate authority considered it appropriate to interfere with the quantum of penalty and that therefore, by the order dated 11.9.1997 modified the order of the disciplinary authority by directing that the petitioner be reinstated and he should also be granted continuity of service and the intervening period should be treated as "on -leave". The departmental appellate authority, however, by way of penalty, for the misconduct which was held as proved, directed that the petitioner be placed at the minimum stage of the pay scale applicable to the category of driver. It was the said order that the petitioner challenged before the learned tribunal.