Telangana High Court
WP/25204/2004 of K.Naseeruddin S/o.Moinuddin Vs The Regional Manager APSRTC 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 : 25204 of 2004 Between: K.Naseeruddin S/o.Moinuddin, Hindu Deverakonda Jr.Asst(P)
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 : 25204 of 2004
Between:
K.Naseeruddin S/o.Moinuddin, Hindu Deverakonda Jr.Asst(P) (E-250077),APSRTC, Devarakonda Bus Depot, Nalgonda District.
AND
..... PETITIONER
1 The Regional Manager APSRTC Nalgonda Region 2 The Depot Manager APSRTC Devarakonda Bus Depot, Nalgonda.
3 The Depot Manager APSRTC, Suryapet Bus Depot, Nalgonda 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 a writ or order or direction more particularly one in the nature of writ ofmandamus declaring that the action of the respondent in imposing the punishment ofdeferment of annual increment for a period of two years as modified by R1 herein tothat of 1 year which shall have cumulative effect on petitioners future increments asillegal, arbitrary, unjust and unreasonable and violative of principles of naturaljustice and set aside the final order no 2/104(D40)/86-Srpt dt 23-3-87 of R3 hereinand consequential order dt 24-10-1995 of R1 herein and consequential order dt 24-10-1995 of R1 herein and direct the respondents to release the deferred increments.
Counsel for the Petitioner:MR.P.VENKATESWAR RAO
Counsel for the Respondent Nos.1 to 3: MR.V.T.M.PRASAD, STANDINGCOUNSEL FOR APSRTC
The Court at the stage of admission, made the following :
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ORDER:
Heard both the counsel.
The petitioner questions the order dated 23.03.1987 imposingpunishment of postponement of annual increment for a period of oneyear, which shall have the effect of postponing the future increments.The petitioner contends that imposing the punishment ofpostponement of increments with cumulative effect is a major penaltyand the same cannot be imposed without conducting an enquiry.
This Court in S.K.MASTAN V.MANAGING DIRECTOR, APSRTCheld that imposition of punishment of postponement of incrementswith cumulative effect is a major penalty and the same cannot beimposed unless preceded by an enquiry.
Having regard to the facts and circumstances of the case andfollowing the above judgment, I am inclined to modify the punishmentimposed on the petitioner to that of postponement of one incrementwithout cumulative effect instead of initiating disciplinary proceedings once again, for which the respondents have no objection.
Accordingly, the writ petition is disposed of modifying the punishmentimposed on the petitioner to that of postponement of annualincrement for a period of one year, which shall not have the effect ofpostponing the future increments. No costs.
____________
31.12.2004
bsv
To
1 The Regional Manager APSRTC Nalgonda Region 2 The Depot Manager APSRTC Devarakonda Bus Depot, Nalgonda.
3 The Depot Manager APSRTC, Suryapet Bus Depot, Nalgonda District