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M. K. THAKKER
Vibhagiya Niyamak, Gujarat State Road Transport Corporation – Appellant
Versus
State Transport Workers Union, Kheda Vibhag, J. J. Rabari – Respondent
JUDGMENT :
M. K. Thakker, J.
1. This petition is filed under Articles 14 and 226 of the Constitution of India challenging the award passed by the learned Presiding Officer, Industrial Tribunal, Nadiad in Reference (IT) No.37 of 2023 dated 29.03.2024 whereby the Reference was filed by the respondent herein was allowed and the punishment, which was enhanced by the reviewing authority of stoppage of one year increment without future effect came to be set aside.
2. It is the case of the present petitioner that the respondent was serving as a conductor in the petitioner corporation and when he was on duty on 15.08.2021 on rout of Kapadvanj to Surat, at that point of time, he did not issue the ticket of one passenger, who was traveling from Nadiad to Vadodara and not collected the fare. The chargesheet was served to him and the departmental inquiry was initiated wherein the punishment of deduction of Rs.100 from his salary was imposed by the disciplinary authority on 28.08.2021. Feeling punishment is inadequeate, suo motu review was initiated thereby the punishment was enhanced for stoppage of one increment without future effect on 31.12.2021. Against the aforesaid enhancement of punishment
The reviewing authority must provide adequate justification for enhancing punishment in disciplinary proceedings, adhering to principles of natural justice.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
Disciplinary proceedings must follow statutory procedures, and penalties can be upheld unless found arbitrary or in violation of principles of natural justice.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Judicial review of disciplinary matters is limited, with courts respecting the wide discretion of disciplinary authorities unless procedural fairness is violated or penalties shock the conscience.
A higher authority cannot enhance disciplinary penalties without an appeal from the employee, as procedural safeguards must be observed to ensure justice.
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
Point of Law- The word “consider”, is of great significance. Its dictionary meaning of the same is, “to think over”, “to regard as”, or “deem to be”. Hence, there is a clear connotation to the effect....
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