RSRTC Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 the Constitution of India is filed by the Rajasthan State Road Transport Corporation, hereinafter referred to as 'the petitioner Corporation', challenging the award/judgment dated December 26, 1991 passed by the Industrial Tribunal, Bhilwara to the extent it has interfered with the order of punishment.

(2.) THE necessary facts giving rise to the present petition are that first respondent Ramesh Chandra Sharma, Conductor with the petitioner Corporation was charged for misconduct. It is alleged that on December 22, 1981, he was on duty on Bus No. 284 plying from Bikaner to Ganganagar. The Bus was checked near Anupgarh. The inspecting Party found 13 passengers travelling without tickets. It revealed that the first respondent had collected bus fare from the said passengers but did not issue tickets to them. The charges were proved against the first respondent after a due enquiry. The Disciplinary Authority agreed with the finding of the Enquiry Officer and awarded punishment of removal from service. However, the appellate Authority reduced the penalty from removal of service to withholding of four annual grade increments with cumulative effect by order dated December 1, 1984, The workman was still not satisfied and, as such, he raised industrial dispute. The State Government made a reference to the Industrial Tribunal, Bhilwara. The Tribunal held that domestic enquiry conducted against the Conductor was just and fair, however, modified the punishment by reducing from stoppage of four grade increments with cumulative effect to stoppage of two increments.

(3.) IT is contended by Mr. B. S. Bhati, learned counsel appearing for the petitioner-Corporation that the Tribunal has exceeded its jurisdiction in interfering with the punishment in absence of any justified reason.