Gujarat State Road Transport Corporation vs Chimanlal Mohanlal

K.S. Jhaveri, J.—This appeal u/s 100 of the CPC is directed against the judgment and order dated 23.04.1990 passed by the learned Jt. District Judge, Junagadh in Regular Civil Appeal No. 83/1985 whereby, the said appeal was dismissed and the judgment and decree dated 23.04.1985 passed by the learned Jt. Civil Judge (J.D.), Junagadh in Regular Civil Suit No. 372/1984 was confirmed.

The facts in brief are that on 11.05.1982 while the Respondent herein was discharging his duties as a Conductor with the Appellant-Corporation and was on duty in the bus running between Somnath to Rajkot, it was checked by the checking squad of the Appellant-Corporation. It was allegedly found that the Respondent had not issued tickets to the passengers. Therefore, proceedings were initiated against the Respondent and by order dated 16.02.1984, a penalty of stoppage of three increments with future effect was imposed on the Respondent.

Against the said order, the Respondent preferred R.C.S. No. 372/1984 before the trial Court, which came to be allowed by judgment and decree dated 23.04.1985. Being aggrieved by the said decree, the Appellants preferred Regular Civil Appeal No. 83/1985. However, the said appeal came to be dismissed by order dated 23.04.1990. Hence, this appeal.

Heard learned Counsel for the respective parties and perused the documents on record. After considering the evidence on record, the trial Court found that the Appellant-Corporation had not proved that the Respondent had acted with any mala fide intention at the relevant point of time. In fact, it was found that the Respondent had already punched the tickets. Apart from that the action of the Appellant-Corporation of imposing the punishment in question on the Respondent was found to be violative of the principles of natural justice. In view of the above factual aspects, the Court below decreed the suit in favour of the Respondent. I am in complete agreement with the concurrent findings arrived at by both the Courts below and hence, find no reasons to entertain this appeal.

For the foregoing reasons, the appeal is dismissed. No order as to costs. The retiral benefits, if not disbursed, to be released within a period of two months from today.