1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7137 OF 2010 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 18.07.2011. 1. Heard. 2. The petitioner is working as a driver with the Respondent. An accident took place at the hands of the petitioner. Departmental inquiry was initiated. The punishment was imposed by stoppage of three increments. The petitioner preferred departmental appeal which came to be rejected. Thereafter, petitioner approached the Labour Court by filing the complaint. The Labour Court dismissed the complaint. The petitioner preferred revision before the Industrial Court which also came to be dismissed. The 2 petitioner has assailed the said judgment in the present Writ Petition. 3. Mr.S.S.Kazi, learned counsel for the petitioner submits that the accident had not taken place due to the fault of the petitioner. The bus which was given to the petitioner to drive was scrapped. The departmental inquiry was not properly conducted. Even no witness was examined. It is only on the basis of hypothesis and assumptions that the Department found the petitioner guilty. The learned counsel further contends that the punishment given is too disproportionate to the act complained. 4. Judicial review in such cases is in a very narrow compass. The decision can not be a subject matter of challenge but it is a decision making process. The punishment was imposed on the petitioner after conducting the departmental inquiry. It is not a case that no opportunity was given. The petitioner was represented by his representative and he was also present at the time of hearing. All the authorities and the Courts below have concurrently held the 3 guilt as against the petitioner to have been proved. Three increments of the petitioner have been stopped for the act complained. I do not think that the same can be said to be too disproportionate to the act complained. 5. In light of the above, The Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.18.07.2011. asp/office/wp7137.10 4