IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9852 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE D.H.WAGHELA Sd/- ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO 1 to 5 No -------------------------------------------------------------- DIVISIONAL CONTROLLER Versus MANJIBHAI CHELABHAI PARMAR -------------------------------------------------------------- Appearance: MR KM PARIKH for Petitioner MR GK RATHOD for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE D.H.WAGHELA Date of decision: 20/09/2000 ORAL JUDGEMENT 1. RULE. Learned counsel Mr.G.K.Rathod waives service of Rule on behalf of the respondent. 2. By way of this petition, the Gujarat State Road Transport Corporation has challenged the award of the Industrial Tribunal made in Reference (IT) No.86/95 whereby the punishment imposed upon the respondent is reduced to stoppage of two increments with permanent effect. The impugned award discusses the relevant material and evidence on record and has decided the dispute within the terms of Reference. It is observed that in view of the gravity of offence and the fact that no misappropriation is involved, the punishment is reduced by the impugned award and no reason is made out to interfere with either the findings of facts or the reasoning of the Tribunal. However, the learned counsel Mr.G.K.Rathod, who appears for the respondent, concedes on instructions that the impugned award may be modified to impose further punishment so as to effect stoppage of three increments with permanent effect. Accordingly, the petition is partly allowed and the impugned award is modified to the extent that the respondent shall suffer punishment of stoppage of three increments with permanent effect. The rest of the impugned order is maintained. The learned counsel for the petitioner makes a statement that the impugned order as modified by this order shall be implemented within four weeks from today. The petition accordingly stands disposed. Rule is made absolute in the above terms with no order as to costs. (KMG Thilake) Sd/- #######