DIVISIONAL CONTROLLER Vs. DEVENDRA BABURAO KHOBRAGAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. Heard Mr. R. S. Charpe, learned counsel for the petitioner and Mr. S. T. Harkare, learned counsel for respondent.

(2.) The petitioner - Corporation is aggrieved by order dtd. 6/12/2018 so also judgment and order dtd. 8/3/2023 passed by Industrial Court, Amravati. The Industrial Court, vide order dtd. 6/12/2018, declared that the inquiry conducted against the respondent was fair and proper and despite such finding, held finding drawn by the Inquiry Officer are perverse, not legal and proper. Accordingly, granted permission to the petitioner to prove the misconduct. Therefore, vide judgment and order dtd. 8/3/2023, allowed the complaint filed by the respondent and set aside the order of punishment.

(3.) The respondent was working as driver. He faced charge of negligent driving. In an accident dtd. 21/7/2007, rider of motorcycle died and his wife was seriously injured. Departmental Inquiry was conducted. Charge of negligence and damage to the vehicle was proved. The punishment of reduction of basic pay by two stages permanently was imposed on 29/6/2012.