- (1.) THE petitioner was issued charge -sheet on 11.8.2008 alleging that on 28.7.2008 while he was on duty, the Inspection Team found that 6 persons were travelling without ticket, whereas, the fare from those passengers had already been received. An enquiry was initiated. The petitioner accepted the charges and requested for closure of the enquiry. His confessional statement was recorded on 22.8.2008. The respondents found the petitioner guilty and awarded punishment of stoppage of one grade increment with cumulative effect and stoppage of one grade increment without cumulative effect as well as forfeiture of salary during the period of suspension with a fine of Rs.12,000/ -. The petitioner filed an appeal before the appropriate Authority. The order of penalty was set aside but imposing punishment of stoppage of one grade increment with cumulative effect and stoppage of one grade increment without cumulative effect was upheld and appeal was dismissed on 14.9.2010. Aggrieved, the petitioner raised an industrial dispute. However, the claim of the petitioner was dismissed by the Tribunal vide order dated 20.1.2014.
(2.) LEARNED counsel for the petitioner raised only two arguments. The first argument raised by the learned counsel for the petitioner while praying for setting aside the impugned order imposing punishment and the order of the Tribunal, vide which, his claim was dismissed is that the confessional statement of the petitioner was taken under duress with the promise that a nominal punishment will be awarded.
(3.) THE second argument raised is that the punishment is on the higher side. With respect to the first argument, it is evident from the order of the Tribunal that the petitioner did not produce any evidence to show that the said confessional statement was taken under duress or that any false promise was extended to him. Even before this Court, no such evidence or document has been placed on record to show that the petitioner was in any way pressurized to make a confessional statement. In case, the petitioner had not committed any offence, there was no occasion for him to admit the guilt knowing the consequences of such admission.;