1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No.81/2001 dated 25.01.2006, whereby, the petitioner was directed to pay all the consequential benefit to the respondent and set aside the order of punishment.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on12.06.1996 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 11.08.1997. The first appeal filed before the appellate authority came to be partly allowed and he was reinstated in service and penalty of stoppage of five increments with permanent effect. In the second appeal, the appellate authority modified the punishment by imposing the penalty of stoppage of three increments with permanent effect.
3. Against the said order, the respondent raised a dispute, which was referred to the Industrial Tribunal, Bhavnagar 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 serious irregularity / misconduct on 13 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.
5. Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Tribunal ought not to have completely set aside the order of punishment, as it would amount to granting premium to a wrongdoer. In my opinion, if the penalty of stoppage of Two Increments with 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 petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) /phalguni/