WA/2507/2005 of The APSRTC, REP. BY ITS REGIONAL MANAGER, Vs T. Kondaji, on 20 December 2005

1. The APSRTC, rep. by its Regional Manager, Visakhapatnam Region at Visakhapatnam.

2. The APSRTC, rep. by its Depot Manager, Gajuwaka, Visakhapatnam District.

AND

...APPELLANTS

T. Kondaji, Gajuwaka Depot,R/o. Gajuwaka, Visakhapatnam District.

...RESPONDENT

THE HON'BLE MR JUSTICE B.PRAKASH RAO

And

THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT APPEAL NO.2507 of 2005

JUDGMENT:(Per the Hon’ble Mr Justice B.Prakash Rao)

Heard both the sides. At their request, the Writ Appeal itself is taken up for disposalat the admission stage.

The appellant/Corporation seeks to assail the order dated 14.09.2005 inW.P.No.20080 of 2005 filed at the instance of the respondent/employee who soughtto assail the order of imposing penalty of stoppage of annual increment for a periodof one year with cumulative effect. On contest, the learned Single Judge found thatin the facts and circumstances, the said punishment is not warranted and modifiedthe same into stoppage of annual increment for a period of one year withoutcumulative effect.

Having considered the submissions made on either side and on perusal of thematerial available on record, it is seen that there was no departmental enquiry andhence, the discretion as exercised by the learned Single Judge do not warrant any interference. As such there are no merits in the appeal.

Accordingly, the Writ Appeal is dismissed. No costs.

20[th] December 2005RRB

_________________(B.PRAKASH RAO, J)

___________________(DR G.YETHIRAJULU, J)