Telangana High Court
WP/24830/2004 of M. Adinarayana, Vs The Depot Manager, APSRTC, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24830 of 2004 Between: M. Adinarayana, S/o M. Ramanna, Hindu, Aged about 33 years, Occ:
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION No. 24830 of 2004
Between:
M. Adinarayana, S/o M. Ramanna, Hindu,
Aged about 33 years, Occ: Conductor, E.No.406749, R/o Adapala Street,Kadiri, Ananthapur District.
AND
..... PETITIONER
1 The Depot Manager, APSRTC, Kadiri Depot,Kadiri, Ananthapur District.
2 The Divisional Manager, APSRTC, Hindupur Division, Hindupur, Ananthapur District. Ananthapur District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased to issue awrit, order or direction more particularly one in the nature of writ of Mandamus or any otherappropriate writ, declaring the proceedings No. 02/95(113)/2002-KDR dated 16-8-2002 ofthe 1st respondent and Proceedings No. PA/19(122)/2002-DVM.H. dated 21-11-2002 of the2nd respondent as illegal, arbitrary, in violation of principles of natural justice and in violationof Art. 14 and 21 of the Constitution of India, and consequentially direct the respondents toadd two annual increments to the pay of the petitioner.
Counsel for the Petitioner: S.SURENDRA KUMAR
Counsel for the Respondents: MR.P.VINAYAKA SWAMY
The Court made the following:
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ORDER:
Declaring the action of the 1[st] respondent in imposing major penaltyvide proceedings No.02/95 (113)/2002-KDR dated 16.08.2002, asillegal and arbitrary, the present writ petition is filed.
The petitioner is working as a Conductor in the respondentCorporation. He was charged for an irregularity in collecting fare andissuing tickets to the passengers. He submitted his explanation. The1[st] respondent passed an order on 16.08.2002 without conductingany enquiry by imposing a penalty of deferment of annual incrementfor a period of two years, which shall have effect on future incrementsof the petitioner. The petitioner preferred an appeal to the 2[nd] respondent and the same was rejected. Hence the writ petition.
2. The grievance of the petitioner is that since it is a majorpunishment, it cannot be maintained unless it is imposed afterholding an enquiry and giving an opportunity to the petitioner.Therefore, he approached this Court through this writ petition todeclare that the action of the respondents is illegal and to direct therespondents to add the deferred increments.
3. It is well settled that denial of increments with cumulative effecttantamount to a major penalty, and such penalty cannot be imposedby the disciplinary authority without holding a regular departmentalenquiry in terms of relevant service regulations.
4. Having regard to the facts and circumstances of the case, thepunishment of major penalty of deferment of annual increment for aperiod of two years with cumulative effect, imposed by the 1[st]respondent, can be reduced with slight modification. Therefore, theimpugned order of punishment is modified as deferment of annualincrement for a period of two years without cumulative effect. Thepetitioner is not entitled for the difference of the amount if any byvirtue of this Order, but he is entitled to get the increments on notionalcalculation from the date of this Order to which he is entitled.
5. The writ petition is, accordingly, disposed of. No costs.
dsr
ASSISTANT REGISTRAR
To:
1. The Depot Manager, APSRTC,Kadiri Depot, Kadiri, Ananthapur District
2. The Divisional Manager, APSRTC,
Hindupur Division, Hindupur, Ananthapur District
3. Two CD copies.