HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.1393 of 2004 O R D E R:- (per Hon’ble Sri Justice Ghulam Mohammed) The Writ Appeal is directed against the order passed by the learned Single Judge of this Court in W.P.No.28628 of 1995 dated 17.06.2004. Certain charges were framed against the appellant with regard to the incident that took place on 24.04.1993 at about 8.30 A.M. and having not satisfied with the explanation given by the appellant, a regular departmental enquiry was ordered, whereby the Enquiry Officer found that the charges levelled against the writ petitioner-appellant were proved and thereafter he was removed from service. The appellant moved the Industrial Tribunal vide I.D.No.49 of 1995 challenging the removal order and the Tribunal considering the evidence on record, came to a conclusion that punishment of removal of the appellant from service is harsh and disproportionate to the gravity of misconduct and therefore ordered for reinstatement of the appellant into service but without continuity of service and without any back wages or other monetary benefits. The Tribunal also ordered to stoppage of two increments without any cumulative effect. Challenging the same, the appellant moved the Writ Petition, and the learned Single Judge of this Court considering the submission of the counsel for the petitioner that the appellant is entitled to increment after punishment period is over, made it clear that petitioner is not entitled to two increments only for a period of two years and thereafter he is entitled for increments and accordingly dispose of the Writ Petition. Aggrieved by the same, the present appeal is filed by the petitioner-appellant. Learned counsel for the petitioner-appellant however, contends that denial of complete back wages and stoppage of increments mentioned in the award, is highly disproportionate to the gravity of charges levelled against the appellant, and there is no evidence on the basis of which appellant herein could have been held as guilty of charges levelled against him and therefore, sought for allowing of the Writ Appeal. It is seen from the record that on appreciation of the evidence adduced on behalf of workman, the Tribunal gave a categorical finding that the petitioner was guilty of insubordination and violated the instructions of Sub-Inspector, but, however, held that the removal of the writ petitioner from service is disproportionate to the gravity of misconduct and therefore, ordered for reinstatement. Learned Single Judge categorically held that the appreciation of evidence was not shown to be perverse. In the circumstances of the case, we do not see any ground to interfere with the impugned order passed by the learned Single Judge of this Court. Writ Appeal therefore, meritless and is accordingly dismissed. No costs. ___________________ GHULAM MOHAMMED,J _______________​_ SANJAY KUMAR, J Dt. 28th September, 2011. PNV/KK