The petitioner, by way of the petition, challenged the judgement and award passed by the Tribunal, Vadodara, on 30.8.2003 whereby the Tribunal has allowed the Reference and set aside the order imposing punishment of stoppage of increment for one year. 2. The facts of the case are that the respondent workman was working as driver with the petitioner Corporation. That on 19.7.1997 due to rash and negligent driving of the workman, serious accident took place in which four passengers and the conductor of the bus suffered injuries.
3. The Department issued chargesheet to the respondent workman. After holding Departmental Inquiry, as the charge of the respondent workman was proved, the petitioner imposed punishment of stoppage of increment for one year.
4. The said order was challenged in appeal by the respondent. The appellate authority dismissed the appeal of the respondent.
5. Thereafter, the respondent workman preferred Reference before the Tribunal, Vadodara. The Tribunal by its order dated 30.8.2003 cancelled the penalty imposed by the authority. Hence the petitioner is before this Court.
6. I have heard learned counsel for the parties. Learned counsel for the petitioner has contended the respondent was working as driver and because of his rash and negligent driving, the accident occurred. He submitted that prior to this accident, he has committed 10 defaults. Therefore, the Tribunal has committed error in cancelling the penalty imposed by the authority upon the workman and the order of the Tribunal is required to be quashed and set aside.
7. Considering the evidence of record, in my view, the Tribunal has committed error in cancelling the penalty of stoppage of increment for one year imposed by the authority vide order dated 30.6.1999. Therefore, the judgement and award passed by the Tribunal in Reference (IT) No. 202 of 2000 on 30.8.2003 is quashed and set aside. The original order dated 30.6.1999 imposing penalty of stoppage of increment for one year passed by the authority is upheld.
8. In the result, the petition is allowed. Rule is made absolute. No order as to costs. The effect of the order will be implemented within six months.
(K.S.JHAVERI, J.) (pkn)