Telangana High Court

WP/25204/2004 of K.Naseeruddin S/o.Moinuddin Vs The Regional Manager APSRTC on 31 December 2004

Cites 0, Cited by 0

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 :

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead