JUDGMENT :

1. By way of present petition filed under Articles 14, 226 and 227 of the Constitution of India, the petitioner prays as under :-

“(A) Be pleased to admit the present Special Civil Application;

(B) Be pleased to allow this Special Civil Application by way of passing appropriate orders, writ, mandamus or directions quashing and setting aside the award dated 15th February, 2012 passed by the Hon’ble Industrial Tribunal at Bhavnagar in Reference (IT) no.63 of 1997, allowing the said reference preferred by the respondent no.1 and quashing and setting aside the penal order dated 6th January, 1993 imposing a penalty of stoppage of three increments with future effects;

(C) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to stay the implementation, execution & operation of the award dated 15th February, 2012 passed by the Hon’ble Industrial Tribunal at Bhavnagar in Reference (IT) no.63 of 1997, allowing the said reference preferred by the respondent no.1 and quashing and setting aside the penal order dated 6th January, 1993 imposing a penalty of stoppage of three increments with future effects;

(D) Be pleased to call for the record of case bearing Reference (IT) no.63 of 1997 from the Hon’ble Tribunal at Bhavnagar.

(E) Be pleased to pass such other and further orders as the nature of the case may be required and the Hon’ble Court may deem thought fit to pass such order.”

2. The facts in brief of the present case are as under :-

2.1 As per the case of the petitioner the respondent no.1 is an employee of the petitioner – Corporation and was serving as Conductor. On 2nd June, 1990 at the time when the respondent no.1 was on duty in a bus to the route of Dhundsar from Bhavnagar, the said bus was intercepted and checked by the Inspection Squad. During inspection, it is found that the respondent no.1 had collected Rs.6/- from three passengers towards fare of Rs.2.30 per ticket and issued three used tickets of Rs.2.50, which were already issued to three passengers traveling from Bhavnagar to Shihor.

2.2 It is stated that as the said tickets were already shown by the respondent no.1 in Bhavnagar way bill, the Inspection Squad took the statement of passenger Ms. Gitaben Damjibhai on 2nd June, 1990 in presence of the respondent no.1. Statement of the respondent no.1 was also recorded and a report was also submitted to the higher authority. The higher authority after considering the seriousness of the charges, issued charge-sheet on 19th June, 1990. As the said charge-sheet has not been responded by the respondent no.1, departmental inquiry was initiated against the respondent no.1. The inquiry officer has also recorded the statement of the respondent no.1 and submitted his report. Thereafter, as the charges were proved against the respondent no.1, penal order dated 6th January, 1993 imposing a penalty of stoppage of three increments with future effect was issued upon the respondent no.1.

2.3 It is stated that the respondent no.1 had preferred first appeal before the Divisional Controller on 15th February, 1993 challenging the penal order dated 6th January, 1993. In the said appeal the respondent no.1 has admitted that issuance of used tickets was not deliberate but it had happened by mistake. However, the said appeal was rejected by the appellate authority.

2.4 Being aggrieved by the same, the respondent no.1 preferred Reference (IT) no.63 of 1997 before the Industrial Tribunal, Bhavnagar praying for quashing and setting aside the penal order dated 6th January, 1993. The petitioner also submitted detailed written statement and entire record pertaining to the incident and inquiry. It is stated by the petitioner that the Industrial Tribunal by ignoring and overlooking the material placed on record by the petitioner, passed an interim order dated 1st August, 2011 holding that the departmental inquiry was not just and proper. Thereafter, the matter was heard before the Industrial Tribunal at len