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SCA/17824/2007 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17824 of 2007
=========================================================
GUJARAT
STATE ROAD TRANSPORT CORPORATION - Petitioner
Versus
RAMANBHAI
M. PATEL - Respondent
=========================================================
Appearance :
MR
HARDIK C RAWAL for Petitioner : 1,
MR KISHOR M
PAUL for Respondent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/09/2008
ORAL
ORDER
Heard
learned counsel for the parties.
Ms.
Jyoti Mehta for Mr. Raval, learned counsel for the petitioner
submits that punishment was imposed after inquiry pursuant to a
fetal accident, wherein, the opponent workman was found responsible
being driver of the bus and therefore, the award deserves to be
quashed and set aside.
Mr.
Paul,learned counsel appearing for the respondent submitted that
reliance place upon the post defaults was absolute uncalled for as
on those defaults, punishments were set aside.
Be
that as it may. Even if the driver of the S.T. Bus was found to be
responsible for fetal accident, that in self prima-facie appears to
be sufficient for calling for serious view in the matter. The
punishment of stoppage of 5 increments imposed by the petitioner
Corporation ought not to have been interfered.
The
mater requires consideration, Hence, Rule
returnable on 13.10.2008. Mr. Paul, learned counsel waives service
of rule on behalf of respondent. The impugned award is stayed till
final disposal of the matter.
(S.R.BRAHMBHATT,
J.)
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