R.V. GHUGE, J.

1. Heard Shri D.S. Bagul on behalf of the petitioners. I have heard Shri R.B. Muley and also Shri Ashok Patil, learned Advocates and also Shri R.B. Mule, Advocate on behalf of the respondent in this matter.

2. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

3. The respondent-workman is an employee of the petitioner Maharashtra State Road Transport Corporation (here in after referred to as "MSRTC"). He was appointed as driver. He was charge sheeted on 06-09-2002 primarily for misbehaving with a lady passenger during the night journey. After receiving his reply, the petitioner proceeded to conduct a domestic enquiry against him, as per their Discipline and Appeal Procedure Rules (here in after referred to as "D & A Rules").

4. After the conclusion of the enquiry, the charges levelled upon the petitioner were held to be proved. He was subjected to the punishment of permanent stoppage of three (3) increments. He preferred an Appeal to the petitioner-employer. By order dated 12-03-2005, the said Appeal was partly allowed and the punishment of permanent stoppage of three (3) increments was reduced to a permanent stoppage of tw