Uttaranchal Transport Corporation vs Sanjay Kumar Nautiyal

2. Background facts in a nutshell are as follows:

mentioned facts was treated to be grossly improper and against the Service Rules as framed for the employees of appellant. The conduct also amounts to mis-appropriation of public money and cheating.

After receiving report Assistant Regional Manager, Saharanpur forwarded the matter to Regional Manager, Dehradun with recommendation of disciplinary enquiry along with the above mentioned enquiry report. Regional Manager, Dehradun after consideration of complaint against the respondent by checking staff, report of Traffic Inspector, recommendation of Assistant Regional Manager, Saharanpur and seriousness as well as gravity of the matter, initiated disciplinary proceedings against the respondent. Charge sheet was served upon the respondent and in total 13 charges were framed against him on the basis of above mentioned records, by the appellant.

Regional Manager, Dehradun on perusal of enquiry proceedings as well as report and evidence recorded by enquiry officer (documentary as well as oral) proposed termination of services of the respondent along with forfeiture of salary pertaining to suspension period of the respondent. Show cause notice to such effect was issued to the respondent. Respondent replied to the show cause notice and raised certain issues regarding the conduct of disciplinary proceedings. However, Regional Manager, Dehradun found the respondent guilty of gross misconduct on duty as well as mis-appropriation of public funds/ticket money and also for submitting tempered waybills. Regional Manager, Dehradun dismissed respondent from service and forfeited the salary for suspension period.

Appeal against the order of Regional Manager, Dehradun before General Manager, Western Division, UPSRTC, Meerut filed by respondent was dismissed. Second appeal before Assistant Managing Director, UPSRTC, Lucknow was also dismissed. Subsequently, respondent filed Adjudication Case No.25 of 2000 before the Labour Court, Dehradun, thereby challenging the dismissal from service by the appellant. The Labour Court vide order dated 31.7.2000 set aside the dismissal of respondent by appellant. The punishment/penalty to respondent was considered to be harsh in comparison to the quantum of misconduct and it was reduced to stoppage of two annual increments in salary without future effect with forfeiture of 50% of the back salary.

Aggrieved by the above mentioned order of Labour Court dated 31.7.2000 in Adjudication case No.25 of 2000, appellant filed Writ Petition before the High Court of Uttaranchal at Nainital. The High Court dismissed the Writ Petition of appellant on the ground that the presumption that the punishment of removal/dismissal from service was excessive and Labour Court was correct in exercising powers provided under Section 6(2-A) of U.P. Industrial Disputes Act, 1947 (in short the 'Act') by setting aside the order of removal/dismissal.

6. In view of the above, the order of the High Court is set aside. The punishment awarded by the disciplinary authority as upheld by the appellate authority stands restored.

7. The appeal is allowed with no order as to costs.