Shri D.V.Chauhan was a
Conductor at Bardoli Depot of Gujarat State Road Transport Corporation. His duty
was on Surat " Mandvi road. When the bus reached between Karanj and
Mandvi, checking squad of Corporation checked the bus. At this time, there were
74 passengers in the bus. It was found that he had collected Rs. 14/- from two
passengers and had issued used tickets worth Rs. 6/- with an intention to
misappropriate public money. It was also found that to two passengers who were
travelling from Surat to Archena, he issued tickets worth Rs. 12/- out of
which, tickets worth Rs. 6/- were re-used. To a passenger, who was travelling
from Kim Char Rasta to Amalsadhi, after collecting the fare of Rs. 4/-, he
issued ticket worth Rs. 6/- which was used in the earlier trip. Some other
irregularities were also found during the checking. Therefore, he was found having
misappropriated Rs. 28/- by issuing used tickets to six passengers. There was
cash balance of Rs. 41-40. On receipt of report from checking squad,
departmental inquiry was initiated against him. He was found guilty.
Departmental inquiry was held. He submitted
reply and inquiry proceeded. Show cause notice was issued. He filed reply to
the show cause notice. The departmental authorities imposed punishment of
lowering down the appellant to 16 stages below the existing pay scale, but the
Industrial Tribunal interfering in the matter in exercise of its powers under Section 11A of the
Industrial Disputes Act, 1947 referred to as had reduced the punishment from 16
stages to 5 stages only. This order has been passed in exercise of power under Section 11A of the
Industrial Disputes Act, 1947. This order was challenged through Letters Patent
Appeal by Special Civil Application Corporation.
The Court refused to interfere in the matter
observing that looking to the nature of the case no interference was called for.