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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Maharashtra State Road Transport Corporation – Appellant
Versus
Bhupal Madhukar Pol – Respondent
| Table of Content |
|---|
| 1. petitioner challenges disciplinary action based on alcohol possession. (Para 1 , 2 , 3) |
| 2. procedures and outcomes of the initial enquiry were described. (Para 4 , 5 , 6) |
| 3. contentions from both sides about evidence and procedures. (Para 7 , 8 , 9) |
| 4. the court details the burden of proof distinction. (Para 10 , 11 , 18) |
| 5. final judgment regarding the previous court's ruling. (Para 12 , 19 , 20) |
JUDGEMENT
1. This writ petition filed by Maharashtra State Road Transport Corporation challenging Judgment and Order dated 13.7.2017 passed by Industrial Court No.1 Kolhapur in complaint (ULP) No.88 of 2016. By that order, the Industrial Court has partly allowed the complaint filed by Respondent challenging Order dated 12.07.2016 by which penalty of reduction of basic pay by one stage with cumulative effect is imposed on him.
2. Respondent is employed in the services of the Petitioner corporation on the post of Driver. On 12.03.2015, he was deployed on duty to drive bus on Panji-Pune route. A surprise check was conducted by the Excise Department at 1:45 A.M. by intercepting the bus. The raiding team found a box containing 12 bottles of liquor behind the seat of the Driver. Sin
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