1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.33/1998 dated 16.12.2011, whereby, the orders of punishment dated 29.01.1992 terminating his services, along with the order passed by the appellate authority placing the respondent on the original pay scale for three years were set aside.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on 14.12.1988 whereby on account of rash and negligent driving by the respondent, a small girl expired. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 29.12.1992. The first appeal filed before the appellate authority came to be partly allowed, whereby the authority reduced the punishment by placing the respondent on the original pay scale of driver for three years.
3. Against the said order, the respondent raised a dispute, which was referred to the Industrial Tribunal, Rajkot for adjudication. The Tribunal, after hearing both the sides, allowed the reference by way of the impugned award. Hence, this petition.
4. Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of fatal accident, which is highly unbecoming of a public servant.
5. Looking to the facts of the case, I am of the opinion that the Tribunal ought not to have completely set aside the orders of punishment, as it would amount to granting premium to a wrongdoer. In my opinion, if the penalty of stoppage of One Increment without future effect is imposed on the respondent, the same would meet with the ends of justice. Orders accordingly. The impugned award stands modified accordingly. This order to be implemented within a period of six months from today. The benefits shall be paid within a period of six months from today. The petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) /phalguni/