Telangana High Court

WP/24861/2004 of Ch. Ramesh Conductor, E. 255322, S/o Shambulingam Vs the Divisional Manger, APSRTC., Nalgonda Division, on 30 December 2004

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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. 24861 of 2004 Between: Ch. Ramesh Conductor, E. 255322, S/o Shambulingam aged about 33

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. BHANUWRIT PETITION No. 24861 of 2004

Between:

Ch. Ramesh Conductor, E. 255322, S/o Shambulingam aged about 33 years,R/o H. No. 18-90/11, Nakerekal, Nalgonda District

..... PETITIONER

AND

1 The Divisional Manger, APSRTC., Nalgonda Division, Nalgonda District 2 The Depot Manager, APSRTC., Nalgonda 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 an order, direction or Writ more particularly one in the nature of Writ ofMandamus declaring the action of the 2nd respondent in issuing the proceedingsNo. 02/62(15)/94-NLG, dt 24-3-1995 as illegal, arbitrary and unjust andconsequently set a side the proceedings No. 02/62(15)/94-NLG, dt 24-3-1995 issuedby the 2nd respondent.

Counsel for the Petitioner: MR.G.RAVI MOHAN

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

The Court at the admission stage made the following:

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ORDER:

Declaring the action of the 2[nd] respondent in imposing major penaltyvide proceedings No.02/62(15)/94-NLG dated 24.03.1995, as illegaland 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. The2[nd] respondent passed an order on 24.03.1995 without conductingany enquiry by imposing a penalty of deferment of annual incrementfor a period of one year, which shall have effect on future incrementsof the petitioner. 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 increment.

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 one year with cumulative effect, imposed by the 2[nd]respondent, can be reduced with slight modification. Therefore, theimpugned order of punishment is modified as deferment of annualincrement for a period of one year 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 increment on notionalcalculation from the date of this Order to which he is entitled.

5. The writ petition is, accordingly, disposed of. No costs.

dsr

To:

ASSISTANT REGISTRAR

1. The Divisional Manager, APSRTC,

Nalgonda Division, Nalgonda District

2. The Depot Manager, APSRTC,

Nalgonda Bus Depot, Nalgonda District

3. Two CD copies.

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