Telangana High Court
WP/24613/2004 of Md. Ikramuddin, Vs The Regional Manager, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24613 of 2004 Between: Md. Ikramuddin, S/o. Kareemuddin, R/o. RTC Colony, Jangaon,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24613 of 2004
Between:
Md. Ikramuddin, S/o. Kareemuddin,
R/o. RTC Colony, Jangaon, Warangal District.
..... PETITIONER
AND
1 The Regional Manager, A.P.S.R.T.C. Warangal Region, Warangal District.
2 The Depot Manager, A.P.S.R.T.C. Jangaon Depot, Warangal District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an order, direction or writ more particularly one in the nature of Writ ofMandamus declaring the action of the 2nd Respondent in issuing the proceedingsdt. 19-10-2004, deducting the salary of the petitioner's salary without any notice aswholly illegal, arbitrary, unjust and consequently SET ASIDE the proceedings dt. 19-10-2004 issued by the 2nd respondent.
Counsel for the Petitioner: MR.G.RAVI MOHAN
Counsel for the Respondents: SMT.P.RAJANI REDDY (S.C. for APSRTC).
The Court, at the stage of admission, made the following :
Writ Petition No.24613 of 2004
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ORDER:
The Writ Petition is filed challenging the impugned proceedings dated 19-10-2004issued by the 2[nd] respondent.
The order under challenge discloses that as per audit objection, 2001, the AccountsOfficer, Warangal, has certified the excess paid wages on account of wrong fixationof the petitioner during his fixation as ADC with effect from 01-07-1991 for an amountof Rs.27,972/-, which has to be recovered from his salary. Admittedly, impugnedproceedings do not show that preceding it an opportunity was given to the petitioner.The pay fixation as pointed out by the audit has to be put to the notice of the Writpetitioner calling for his explanation. No such explanation is called for. It is not acase where the petitioner himself wrongly fixed the pay and drawn the amount andtherefore in the fairness the writ petitioner should have given a reasonableopportunity to put forward his case and thereafter appropriate orders should havepassed by the respondents.
Accordingly, the Writ Petition is allowed and the impugned proceedings dated 19-10-2004 are set aside. However, this order will not preclude the respondents torecover the amounts in view of the wrong fixation of the pay after affording areasonable opportunity to the writ petitioner. No costs.
____________
K.C.BHANU, J.
Dated 31-12-2004.
skmr
To
1 The Regional Manager, A.P.S.R.T.C. Warangal Region, Warangal District.
2 The Depot Manager, A.P.S.R.T.C. Jangaon Depot, Warangal District.
3. 2CD copies