Telangana High Court

WP/25203/2004 of M.N.Z. Khan, 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 : 25203 of 2004 Between: M.N.Z. Khan, S/o. M.A. Hameed Khan, APSRTC, NALGONDA BUS DEPOT.

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 : 25203 of 2004

Between:

M.N.Z. Khan, S/o. M.A. Hameed Khan, APSRTC, NALGONDA BUS DEPOT.

AND

..... PETITIONER

1 The Regional Manager, APSRTC, Nalgonda Region at Nalgonda.

2 The Depot Manager, APSRTC, Nalgonda Bus Depot at Nalgonda.

.....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 one year which shall have effect onpetitioners future increments as illegal, arbitrary, unjust and unreasonable andviolative of principles of natural justice by setting aside the final orderNo.02/95(124)-96 NLG dt. 23.11.1996 of R2 herein and consequential order dt.9.10.1998 of R1 herein and consequentially direct the respondents to release thedeferred increments.

Counsel for the Petitioner:MR.P.VENKATESWAR RAO

Counsel for the Respondents: MR.V.T.M.PRASAD

The Court at the stage of admission ,made the following :

ORDER:

Page 1 of 2

Heard both the counsel.

The petitioner questions the order dated 23.11.1996 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 increment without cumulative effect instead of initiating disciplinary proceedingsonce 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

1. The Regional Manager, APSRTC, Nalgonda Region at Nalgonda.

2 The Depot Manager, APSRTC, Nalgonda Bus Depot at Nalgonda.

3 2 CD copies

Page 2 of 2

Loading citations and judicial treatment…