RAGHUNATH VISHNU PATIL Vs. R N GAVANDE

JUDGEMENT

(1.) THE petitioner, at the relevant time, was a bus conductor in the B. E. S. T. undertaking. He was a member of the B. E. S. T. Kamgar Union and also the Depot Secretary of the Colaba Depot union. An incident took place on the April 19, 1882. The day was declared a "maharashtra bandh Day". The petitioner is alleged to have assaulted a co-worker, one Shri P. M. Patil, who, at the material time, was also a bus conductor. A report in respect of the incident was made by Shri misal, who is a Bus Inspector. Based on the report, a departmental inquiry was initiated against the petitioner. On May 18, 1982 a charge-sheet was framed for breach of Standing Order 20 (r), 20 (b) and 20 (f ). By Standing Order 20 (r) the petitioner was charged with the assault on a fellow employee. Under Standing Order 20 (b) he was charged with abetting, inciting, instigating a strike and under Standing Order 20 (f) he was charged with slowing down the performance or wrongful interference with the work of the undertaking.

(2.) A departmental enquiry was conducted during the period May 28, 1982 and July 27, 1982. Five witnesses were examined in support of the charges. The witnesses included Shri P. M. Patil, the bus conductor, who was the victim of the assault. The petitioner examined himself in his defence.

(3.) THE Inquiry Officer, by his judgment and rder dated August 30, 1982, held that the petitioner was guilty of the first and the third charge viz. the breach of Standing Order 20 (r) and 20 (f ). In regard to the charge under Standing Order 20 (b) he was exonerated as there was no evidence in support of the charge. By a further order passed on the very same day the petitioner came to be dismissed from service.