DIVISIONAL CONTROLLER Vs. RAVINDRA ADHAR GOSAVI

JUDGEMENT

(1.) Petitioners challenge Judgment and order dtd. 6/8/2022 passed by the Member, Industrial Court, Dhule in Revision (ULP) No.14 of 2019 thereby confirming the Judgment and order dtd. 1/3/2019 passed by the Judge, Labour Court, Dhule in Complaint (ULP) No. 01/2017. The Labour Court, Dhule has declared the order dtd. 20/1/2016 imposing penalty of dismissal on Respondent as illegal and has set aside the same with a further direction to reinstate him in service along with full back wages and continuity of service from 20/1/2016. B. FACTS

(2.) The respondent joined the services of petitioner/Transport Corporation on the post of driver in the year 1990. During the course of his service, he came to be promoted to the post of Assistant Traffic Inspector. On 27/10/2014, respondent was arrested by the Anti Corruption Bureau on allegation of demanding and accepting illegal gratification of Rs.10,000.00 and Crime No. 3274/2014 came to be registered against him under the provisions of Prevention of Corruption Act, 1988.

(3.) The respondent was issued memorandum of charge sheet dtd. 2/8/2014 alleging that one Shri. S.S. Dhivare, Driver was involved in an accident on Navapur Pune route on 26/4/2014 and was held responsible for causing the accident. After holding enquiry, a show cause notice was issued to shri Dhiavare for imposing the penalty of dismissal from service. It was alleged that on 20/9/2014 when Shri. Dhivare presented in service for accidental training in the Divisional Office, Dhule, the respondent demanded illegal gratification of Rs.25,000.00 by promising cancellation of dismissal notice. It was further alleged that out of demanded amount of illegal gratification, the respondent directed payment of Rs.10,000.00 to be made to a private person Shri Sajay Suryakant Kayasth, a bakery owner at Dhule Bus Station. It was further alleged that as per the directions of the complainant, Shri Dhivare paid amount of Rs.10,000.00 to Shri Kayasth on 27/10/2014 when the Aanti Corruption Bureau caught him red handed. The respondent was thereafter taken into custody. Petitioner was therefore charged of misconduct of demanding and accepting the illegal gratification through the private person Shri Kayasth.