Bombay High Court
Mohansingh S/O Ganpatsingh ... vs Divisional Controller ... on 24 January, 2023
Bench: Avinash G. Gharote
919 WP 4624 of 2021.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4624/2021
Mohansingh s/o Ganpatsingh Thakur
...Versus...
Divisional Controller, Maharashtra State Road Transport Corporation, Nagpur
and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri D.A. Sonwane, Advocate for petitioner
CORAM : AVINASH G. GHAROTE, J.
DATE : 24/01/2023
1. Heard Shri D.A. Sonwane, learned counsel for the
petitioner. The petition challenges the judgment dated
07/11/2019 (pg.43), whereby the complaint, filed by the
petitioner challenging the imposition of punishment of
stoppage of three increments, has been dismissed.
2. Shri Sonwane, learned counsel for the petitioner
submits that the punishment imposed was clearly
disproportionate to the misconduct, for which, the petitioner
was held guilty and therefore, the impugned judgment is
required to be quashed and set aside.
3. A perusal of the impugned judgment indicates that
the complainant has been working as a bus driver with
919 WP 4624 of 2021.odt
respondent/Corporation and has already retired from services
after filing of the complaint. During the course of his
employment, by an order dated 29/09/2001, punishment of
reduction of pay by three stages was imposed upon the
petitioner having been held guilty, of misconduct on account of
an accident due to the rash and negligent driving of the
petitioner, which has resulted in head-on-collision of the bus
with an oncoming Tipper/Truck on Nagpur-Saonar road on
24/08/2000. In another incident dated 10/02/2008 the
petitioner had happened to bump his bus into another ST bus
from behind at the traffic signal of Ravi Nagar square, Nagpur.
In the departmental enquiry, following these incidents the
petitioner was held guilty by the order dated 10/12/2010 and
the pay was reduced by two stages. The departmental appeal
filed there against also stood rejected. A representation also
thereafter was rejected on 19/01/2012. In the proceedings
before the learned Labour Court under Section 28 of the
Maharashtra Recognition of Trade Unions & Prevention of
Unfair Labour Practices Act, 1971, the preliminary issues
regarding fairness of enquiry and following of principles of
natural justice were answered in the negative by the order
dated 16/09/2019 (pg.46).
4. The only question thus remained was whether the
punishment imposed upon the petitioner, was disproportionate
to the misconduct. The nature of misconduct, has already been
indicated above, which has been considered by the learned
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Labour Court while coming to the conclusion that the
punishment imposed, cannot be called to be shockingly
disproportionate as it was a fortuitous circumstance that there
was no loss of life on account of the accidents. Merely because
the petitioner has been acquitted in the State case bearing
Criminal Case No.30/1986 and Criminal Case No.11840/2008
for the offence under Sections 353 and 294, 279 of Indian
Penal Code that by itself would not deter from the findings
recorded in the enquiry proceedings.
5. Considering the nature of the accidents, in which
the petitioner has been involved, as indicated in the impugned
judgment, I do not feel that the punishment imposed upon the
petitioner, is disproportionate, considering which, there is no
reason to interfere in the impugned order. The writ petition is
therefore dismissed. No order as to costs.
6. The appropriate fees be paid to the learned
counsel for the petitioner, who has been appointed from the
Legal Aid Panel.
(AVINASH G. GHAROTE, J.)
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:25.01.2023 16:13
Wadkar
