Acquittal in a criminal case does not bar disciplinary action; dismissal upheld as proportionate to serious misconduct.

JUDGMENT :

(M. K. THAKKER, J.)

1. Rule, returnable forthwith. Learned advocate Mr.Naidu waives service of notice of Rule on behalf of the respondent No.1.

2.This petition is filed under Articles 226 and 227 of the Constitution of India challenging the award passed by the learned labour Court, Nadiad in Reference (T) No.47 of 2021 dated 16.01.2023 whereby the Reference filed by the present petitioner seeking reinstatement with continuity of service and with back wages came to be rejected.

3. It is the case of the petitioner that he was working as a driver having the badge No.10566 at Kheda Depot of Nadiad Division S.T. Corporation. He was serving since 1998 and he was given the benefit of regular employee in the year 2008. On 19.11.2016, when he was on duty as a driver in Kheda depot on the Nandurbar to Ahmedabad route, bus was checked by the Checking Officer at the Ahmedabad Bus Stand, During the inspection, from the battery box of driver’s cabin and from luggage tool box below the Bus Conductor side as well as from the tool box next to spare wheel box on the bus, total 18 bottles of different brands of english liquor were found. The offence was registered under the Prohibition Act before the Kagdapith Police Station, which was later resulted in acquittal of the present petitioner. After registration of the offence, the services of the present petitioner was transferred to Balasinor Depot and subsequently was transferred to Dahod Depot where he was served with the charges on 11.03.2017.

3.1. The reply to the chargesheet was given by the present petitioner on 16.04.2017 and thereafter, a departmental inquiry was conducted, wherein the charges were held to be proved. Consequently, a punishment order in the nature of stoppage of three increments with future effect was passed by the Divisional Director, Godhra on 05.10.2017. Subsequently, the petitioner was served with a review show cause notice on 03.04.2018, which was replied by the present petitioner. After hearing the petitioner, the reviewing authority, i.e. Chief Transport Officer, Ahmedabad, has passed an order on 09.10.2018 dismissing the service of the present petitioner. Challenging the above order, the petitioner filed a Second Appeal, which was rejected by the authority on 26.10.2010. Thereafter, the dispute was raised before the learned labour Court, which was registered being Reference (T) No.47 of 2021. Learned Reference Court, after considering the statement of claim, the written statement, and the evidence adduced by the learned advocates for the respective parties, has rejected the Reference, which is subject matter of challenge before this Court.

4. Heard the learned advocate Ms.Anuradha Rathod for the petitioner and learned advocate Mr.Naidu for the respondent-corporation.

5.Learned advocate Ms.Rathod submits that punishment of three years, which was imposed by the competent authority, was taken in the review without any sufficient cause, and without giving the cogent reasons, the punishment was enhanced to capital punishment. Learned advocate Ms.Rathod submits that learned reviewing authority, while exercising the suo motu power, has committed an error in enhancing the punishment and has given discriminatory treatment as in the identically situated persons, they have been given the minor punishment, whereas the present petitioner was awarded the final judgment.

5.1. Learned advocate Ms.Rathod submits that in the criminal case, which was filed, wherein the acquittal was awarded, however, without considering the same, learned reviewing authority has imposed the punishment of dismissal, which was subsequently confirmed by the learned Reference Court in the Reference filed by the present petitioner.

5.2. Learned advocate Ms.Rathod submits that the toolbox where the prohibited goods were found is not in the custody of the present petitioner, but in the custody of the Depot Officer, who by misusing the authority, has permitted to put the prohibited liquor in the box.Learned