1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.69/1994 dated 22.02.2006 whereby, the reference was rejected and the penalty of stoppage of five increments with future effect imposed upon the respondent-workman vide order dated 10.08.1990 was confirmed and the order dated 14.08.1991 passed by the reviewing authority was quashed and set aside.
2. The facts in brief are that the respondent herein was serving as Conductor with the petitioner- Corporation. In connection with an alleged irregularity in the issuance of tickets, a charge-sheet was served upon the respondent and departmental enquiry was initiated. Ultimately, a penalty of stoppage of five increments with future effect was imposed upon the respondent, vide order dated 10.08.1990. However, the reviewing authority enhanced the punishment to stoppage of seven increments with future effect, vide order dated 14.08.1992. Being aggrieved by the orders of penalty, the respondent raised a dispute, which culminated into reference before the Tribunal. After hearing both the sides, the Tribunal rejected the reference by passing the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties. Before the Tribunal, the respondent-workman admitted the proceedings of enquiry conducted against him and did not challenge its legality. It appears from the record that the respondent-workman was afforded due opportunity in the enquiry proceedings. Vide order dated 10.08.1990, the respondent was imposed the penalty of stoppage of five increments with future effect. However, the reviewing authority enhanced the punishment, which was struck down by the Tribunal on the ground that the same was disproportionate to the misconduct committed by the respondent. In my opinion, the Tribunal was justified in setting aside the punishment imposed by the reviewing authority since it was very harsh.
4. Considering the facts of the case and the evidence on record, the penalty of stoppage of five increments with future effect imposed by the disciplinary authority and affirmed by the Tribunal is just, legal and appropriate and hence, I find no reasons to entertain this petition.
5. For the foregoing reasons, the petition is dismissed. Rule is discharged. Interim relief, if any, stands vacated.
(K.S.JHAVERI, J.) Pravin/*