Telangana High Court

WP/25394/2006 of B.N. Y. Giri S./o Narasaiah Vs The Depot Manager, APSRTC., on 27 December 2006

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SRI JUSTICE N.V. RAMANA Writ Petition No. 25394 of 2006 Dated: 27.12.2006 Between: B.N.Y. Giri, S/o Narasaiah, aged 51 years, Driver (E.91366), APSRTC, Narketpally Bus Depot, Nalgonda District. .... PETITIONER AND The Depot manager, APSRTC, Narketpally Bus Depot, Nalgonda District.

THE HON'BLE SRI JUSTICE N.V. RAMANA

Writ Petition No. 25394 of 2006

Dated: 27.12.2006

Between:

B.N.Y. Giri, S/o Narasaiah, aged 51 years, Driver (E.91366), APSRTC,Narketpally Bus Depot, Nalgonda District.

AND

.... PETITIONER

The Depot manager, APSRTC, Narketpally Bus Depot, NalgondaDistrict.

.....RESPONDENT

THE HON'BLE SRI JUSTICE N.V. RAMANAWrit Petition No. 25394 of 2006

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Order:

The petitioner is working as a Driver in the respondent-APSRTC. Disciplinary proceedings were initiated against him,alleging that while he was performing his duty on Vehicle No. AP 9Z6329 on route Narketpally – Amanabole on 27.07.1999 he failed toobtain the instructions of duty Controller/TTI and also failed to touchBagigudem village. On the basis of the report submitted by the enquiryofficer, the impugned final order-cum-show cause notice, dated23.11.1999 was issued. In this, the punishment of stoppage of annualincrement for a period of one year with cumulative effect was straightaway imposed, and explanation was sought from the petitioner, as towhy the period of suspension shall not be treated as not on duty. Aggrieved by the same, the petitioner filed the present writ petition.

Learned counsel for the petitioner submits that the respondent,without furnishing copy of enquiry report and without affording anyopportunity of hearing to the petitioner, straight away issued theimpugned proceedings imposing punishment of deferment of annualincrement for a period of one year 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 respondent-Corporation admitted the same.

He, however, opposed the relief contending that after considering theentire 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 respondent-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. The operative portion of the said order, reads as under:

“Strictly speaking, the impugned order deserves tobe set aside, and the matter needs to be remanded. However, having regard to the fact that nearly six yearshave elapsed, this Court does not find it proper, tosubject the petitioner to another set of proceedings. Taking the totality of the circumstances, into account,the punishment of stoppage of increment shall betreated, as the one without cumulative effect. However,the petitioner shall not be entitled for any monetarybenefit, upto the date of this order, on account of themodification of the punishment.

The writ petition is accordingly disposed of. Thereshall be no order as to costs.”

Hence, following the orders of this Court in W.P. No. 18299 of2005, dated 05.09.2005, the present writ petition is also disposed ofwith the following direction.

The impugned order dated 23.11.1999, passed by therespondent, imposing punishment of stoppage of annual increment fora period of one year with cumulative effect, is modified to that ofstoppage of annual increment without cumulative effect. However, thepetitioner shall not be entitled to any monetary benefits arising out ofthis order, but shall be entitled to fixation of pay only.

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

___________________

N.V. RAMANA, J.

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