Telangana High Court

WP/25473/2006 of J.S. Narayana,S/o. Balaiah, Vs The APSRTC, on 28 December 2006

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25473 of 2006 DATED: 28.12.2006 Between: J.S.Narayana petitioner And The APSRTC Rep by its Regional Manager, Kurnool and another Respondents THE HON'BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 25473 of2006DATED: 28.12.2006

Between:J.S.Narayana petitionerAndThe APSRTCRep by its Regional Manager,Kurnool and another Respondents THE HON'BLE SRI JUSTICE N.V.RAMANA

WRIT PETITION NO. 25473 of 2006

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ORAL ORDER:

The petitioner is working as a Driver in the respondent-APSRTC. Disciplinary proceedings were initiated againsthim, alleging misbehaviour with a service conductor. On the basis ofthe report submitted by the Deputy superintendent (T) dated 29.5.2004,a charge sheet dated 10.6.2004 was issued and petitioner wassuspended pending enquiry. The petitioner submitted his explanationto the charge sheet dt 14.6.2004.

The enquiry officer submitted his report dated 14.7.2004 holding thepetitioner guilty of the charges leveled against him. Based on thereport of the enquiry officer, without issuing a show cause notice,proceedings dated 7.8.2004 were issued imposing the punishment ofdeferment of the annual increment for a period of one year withcumulative effect, and explanation was sought from the petitioner, as towhy the period of suspension shall not be treated, as not on duty. Thepetitioner submitted his comments/objections to the enquiry report,however, without considering the same the impugned order waspassed. Hence, the petitioner filed the present writ petition.

Learned counsel for the petitioner submits that respondentNo.2, without furnishing copy of enquiry report and without affordingany opportunity of hearing to the petitioner, straight away issued theimpugned proceedings imposing punishment of deferment of annualincrement for a period of two years with cumulative effect and callingupon the petitioner to show cause as to why the suspension periodshould not be treated as not on duty. He further submitted that theissue raised in this writ petition is squarely covered by the orders ofthis Court in W.P. No. 18299 of 2005, dated 05.09.2005. LearnedStanding Counsel for the respondents-Corporation admitted the same. He, however, opposed the relief contending that after considering the entire material on record, the impugned order was passed, and nointerference is called for therewith.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents-Corporation.

The issue raised in the present writ petition is squarely coveredby the orders of this Court in W.P. 18299 of 2005, dated 05.09.2005.Hence, following the orders of this Court in W.P. No. 18299 of 2005,dated 05.09.2005, the present writ petition is also disposed of with thefollowing direction.

The impugned order dated 7-8-2004, passed by respondentNo.2, imposing punishment of deferment of annual increment for aperiod of one year with cumulative effect, is modified to that ofdeferment of annual increment for a period of one year withoutcumulative effect. However, the petitioner shall not be entitled to anymonetary benefits arising out of this order, but shall be entitled tofixation of pay only.

Accordingly, the writ petition is disposed of. No costs.

DATE: 28.12.2006Tvk

_____________

N.V.RAMANA,J

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO :25473 of2006

DATED: 28.12.2006

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