Telangana High Court
WP/24287/2004 of N. Basava Rao, Vs The Divisional Manager, APSRTC, on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24287 of 2004 Between: N. Basava Rao, S/o. Late Venkateshwara Rao, R/o. Near New Bus
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24287 of 2004
Between:
N. Basava Rao, S/o. Late Venkateshwara Rao, R/o. Near New Bus Stand, Suryapet, Nalgonda district.
AND
..... PETITIONER
1 The Divisional Manager, APSRTC, Nalgonda Division, Nalgonda.2 The Depot Manager, APSRTC, Bus Depot, Suryapet, Nalgonda.
.....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 pleasedto issue an appropriate Writ or direction particularly one in the nature of WRITOF CERTIORARI, quash the impugned Proc.No.02/104(195)/81-SRPT dt. 22-05-1981 as confirmed by the 1st respondent vide Proc.No. PA/19(35)/95-RM.NLG dt. 28-09-1996 and consequently direct the respondents to restore thedeferred increments along with all consequential benefits in the interest ofjustice and fair play.
Counsel for the Petitioner: MR.V.NARASIMHA GOUD
Counsel for the Respondents: MR.V.T.M.PRASAD (S.C.FOR APSRTC)
The Court at the admission stage, made the following:
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24287 of 2004
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ORDER:
The petitioner is working as a conductor in the respondent-Corporation.He was issued a charge memo on 02-04-1981 and after receiving theexplanation of the petitioner, the final orders were passed on 22-05-1981imposing the penalty of withholding of one incremental stage for a period of oneyear and six months with cumulative effect. The petitioner questioned the orderon the ground that though there is reduction of annual increment withcumulative effect is a major penalty, the respondent passed the impugned orderwithout conducting any enquiry as required under the rules. Therefore, theorder is illegal and it is liable to be set aside.
2. The learned Counsel for the petitioner relied on a judgment of the SupremeCourt in Kulwant Singh Gill v. State of Punjab[1] wherein the Supreme Courtheld that since the punishment imposed on the petitioner is a majorpunishment, the order cannot be sustained without an enquiry. The petitionertherefore seeks to declare that the order is illegal and it is liable to be set aside.
3. The petitioner after receiving the adverse orders slept over the matterfor a period of 23 years. There are latches on his part in asserting his rightregarding this issue. Though the impugned order is liable to be set aside, onaccount of long lapse of time in filing the writ petition and in view of thejudgment of the Supreme Court in Kulwant Singh Gill (1 supra), I am of theview that it would be appropriate if the punishment imposed on the petitioner istreated as reduction of annual increment for a period of one year and sixmonths without cumulative effect. The petitioner is not entitled for the differenceof the amount, if any, by virtue of this order for the period from the date of theimpugned order till the date of this order. But, he is entitled to get incrementson notional calculation from the date of this order to which he is entitled, as hehad not been imposed penalty of reduction of annual increment for one year andsix months without cumulative effect.
4. The Writ Petition is accordingly disposed of with the above observations.
__________________
December 27, 2004
Kvr
To
1. The Divisional Manager, APSRTC, Nalgonda Division, Nalgonda,
2. The Depot Manager, APSRTC, Bus Depot, Suryapet, Nalgonda,
3. 2 C.D copies.