1. Both these petitions are directed against the judgment and award dated 03.01.2012 passed by the Industrial Tribunal, Rajkot in Reference [IT] No. 203/2012, whereby the Tribunal has substituted the penalty order by imposing stoppage of Two Increments with future effect and further set aside the penalty order No. 48/1998.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on 30.08.1996 where the respondent was allegedly found to have committed certain irregularities of mis appropriation of the funds. Ultimately, the disciplinary authority imposed four different punishments. 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, partly allowed the reference by way of the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularity / misconduct on 50 different occasions in the past. Of these defaults, many defaults related to incidents of similar nature. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.
4. Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Tribunal was completely justified in passing the impugned award and I do not find any reasons. The petitions stand disposed of accordingly. Rule is discharged. Interim relief if any, stands vacated.
(K.S.JHAVERI, J.) /phalguni/