Rajasthan High Court - Jaipur
R S R T C vs Ramesh Chand And Anr on 4 July, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
S.B.CIVIL WRIT PETITION NO.4921/2007 Rajasthan State Road Transport Corporation Vs. Shri Ramesh Chand & ors. DATE OF ORDER : 04/07/2011 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Deepak Goyal, for petitioner.
Instant writ petition is directed against the award passed by the learned Industrial Tribunal, Jaipur dt. 05/04/2007.
The respondent-workman assailed the order of penalty of stoppage of one annual grade increment with cumulative effect dt. 14/11/1984 pursuant to which reference was made which came up before the learned Industrial Tribunal for adjudication.
From the perusal of the award it has come on record that the enquiry officer did not find the charges proved against the respondent-workman, however, the disciplinary authority disagreed with the finding and held him guilty and consequently punished with the punishment of stoppage of one annual grade increment with cumulative effect vide order dated 14/11/1984.
The learned Industrial Tribunal, after adjudication, recorded a finding that once the enquiry officer has not found the charges proved against the delinquent-workman and if the disciplinary authority for good reasons disagreed with the finding, he was under obligation to serve notice of disagreement and after affording opportunity of hearing to the delinquent-workman any adverse order could have been passed inflicting penalty upon him. However, in the instant case, no opportunity of hearing, after the report of enquiry was made available, was given to him in absence whereof the finding of guilt recorded by the disciplinary authority in holding him guilty, was in violation of the principles of natural justice and taking note thereof, the penalty, which has been inflicted upon the delinquent-workman was set aside pursuant to the impugned award dt. 05/04/2007.
After hearing counsel for petitioner and perusing the material on record, this Court does not find nay manifest error being committed by the learned Industrial Tribunal which may call for interference.
Consequently, the writ petition, being devoid of merit, is hereby dismissed.
[AJAY RASTOGI],J.
Raghu/p.2/4921-CW-2007-Final.do