Gujarat High Court Case Information System
Print
SCA/16994/2004 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16994 of 2004
=========================================================
GUJARAT
STATE ROAD TRANSPORT CORPROATION - Petitioner(s)
Versus
IBRAHIM
MAMUSA ISMAIL JET - Respondent(s)
=========================================================
Appearance
:
MRS
FALGUNI D PATEL for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/11/2011
ORAL
ORDER
1.
On 29.12.2004, this Court (Coram: Hon’ble Mr.Justice Akil Kureshi)
passed the following order:
“Learned Advocate
for the petitioner points out that one of the questions
involved in this petition is whether the reviewing authority has
power to enhance the penalty imposed by the disciplinary
authority. She submits that similar matters are pending
before the Division Bench and this matter may also be placed before
the Division Bench for being heard along with Special Civil
Application No. 888 of 2004 and allied matters, in which also this
very issue is being examined by the Division Bench.
Upon supplying the
second set, this Special Civil Application be placed before the
Division Bench for hearing with Special Civil Application No.888 of
2004 and allied matters.”
2. Learned
Advocate for the petitioner submitted that that the Division Bench
has decided the issue by judgment and order dated 24.12.2007 and has
held that the Reviewing Authority does have power to enhance the
penalty imposed by the Disciplinary Authority. Learned Advocate for
the petitioner submitted that the matter is now required to be
considered in light of the said decision of the Division Bench.
2.1 Learned
Advocate for the petitioner further submitted that the
respondent-workman was punished with penalty of stoppage of three (3)
increments with future effect. The said punishment was considered to
be insufficient by the Reviewing Authority and the Reviewing
Authority enhanced the punishment to stoppage of four (4) increments
with future effect. This order of Reviewing Authority was challenged
by the respondent-workman by filing Reference (IT) No.127 of 2002,
which was allowed by the Industrial Tribunal, Vadodara by award and
order, a copy of which is produced at Annexure-8. The Tribunal was
pleased to quash punishment in toto. The said award and order is
under challenge in this petition.
3. The
matter requires consideration.
RULE.
Taking
into consideration the fact that the matter pertains to imposition of
punishment, the incident is of 14.03.2000 and the Reference is of the
year 2002, at the request of the learned Advocate for the petitioner,
Rule is made returnable on 19.12.2011.
Direct
service is permitted.
(Ravi
R.Tripathi, J.)
*Shitole
Top
