IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4551/01 RSRTC, Jaipur vs. Shri Raj Kumar Trivedi & Anr. Date of order : 5/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vinod Kumar Sharma for the petitioner. None present for the respondent. ****** In spite of service, none has appeared for the respondent. Notice of this writ petition has been issued on 4.2.2002 to show cause as to why the writ petition may not be disposed of finally at the admission stage itself confined to the question whether Tribunal was justified in modifying the quantum of punishment from stoppage of three annual grade increments with cumulative effect into that of without cumulative effect. So this issue was framed in view of the judgement of the Supreme Court in Kulwant Singh Gill vs. State of Punjab-1991 Suppl (1) SCC 504. The Tribunal in the award has held so in its correct perspective though under the RSRTC Employee Standing Orders, 1965, there is a provision for stoppage of grade increment. There was no provision for withholding of such grade increments with cumulative effect. The similar controversy came up before the division bench of this Court in RSRTC vs. Inder Singh, D.B. Civil Special Appeal No.367/98 decided on 17.2.2005. Accordingly, the writ petition is allowed. The impugned award dated 19.1.2001 is set aside and the matter is remanded back to the Tribunal to decide the reference afresh after giving an opportunity of hearing to both the parties. Sine none is appearing on behalf of the concerned workman, the Tribunal may issue fresh notice to the concerned union and the workman also. The hearing of the case be expedited. (MOHAMMAD RAFIQ), J. RS/