( 1 ) HEARD learned counsel for the parties. Short facts for disposal of the present appeal in nutshell are that the respondent-Chaudhary Popatbhai Revabhai (workman) was working as driver with the appellant-Gujarat State Road Transport Corporation (hereinafter referred to as "the Corporation" ). On 3rd June 1994 when the workman was on duty as driver and plying the vehicle between Vadnagar and Mehsana an accident took place, the respondent was arrested and was ultimately prosecuted. The Department/ establishment also initiated departmental proceedings. Before the Criminal Court decided the matter finally the workman was found guilty in the departmental inquiry and was awarded punishment of withholding of one increment. The said order had attained finality. The prosecution launched at the instance of the Police continued and culminated into conviction of said driver. The order was maintained upto High Court. It is not the say of the workman that the order passed by the High Court has been taken to the Apex Court or the said order has been set aside, modified or nullified by any higher court. After receiving the information about conviction of the respondent, the appe