Telangana High Court

WP/24286/2004 of B.K.Rao, Vs APSRTC, Musheerabad, Hyderabad, on 27 December 2004

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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 : 24286 of 2004 Between: B.K.Rao, s/o late Venkateshwar Rao, R/o 1-6-141/7/3B, Srividya

IN THE HIGH 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 : 24286 of 2004

Between:

B.K.Rao, s/o late Venkateshwar Rao,

R/o 1-6-141/7/3B, Srividya Nagar,

Street No.2, Suryapet, Nalgonda District.

AND

..... PETITIONER

1. APSRTC, Musheerabad, Hyderabad,

Rep., by its Managing Director.

2 APSRTC Bus Depot, Suryapet,

Nalgonda District rep., by its Depot Manager.

.....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 punishmentProc.No.02/62(12)/DS/515/93-SRPT dt.02-04-1993 as illegal, unjust, in violationof Art.14, 16 and 21 of the Constitution of India and direct the respondents torestore the deferred increments along with all consequential benefits in theinterest of justice and fair play.

Counsel for the Petitioner: MR.V.NARASIMHA GOUD

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

The Court at the admission stage, made the following:

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24286 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 30-03-1993 and after receiving theexplanation of the petitioner, the final orders were passed on 02-04-1993imposing the penalty of withholding of one incremental stage for a period of twoyears with cumulative effect. The petitioner questioned the order on the groundthat though there is reduction of annual increment for a period of two years 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 11 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 one annual increment for two years without cumulativeeffect. The petitioner is not entitled for the difference of the amount, if any, byvirtue of this order for the period from the date of the impugned order till thedate of this order. But, he is entitled to get increments on notional calculationfrom the date of this order to which he is entitled, as he had not been imposedpenalty of reduction of one annual increment for two years without cumulative effect.

4. The Writ Petition is accordingly disposed of with the above observations.

__________________

December 27, 2004

Kvr

To

1. The Managing Director, APSRTC, Musheerabad, Hyderabad.

2. The Depot Manager, APSRTC Bus Depot, Suryapet, Nalgonda District.

3. 2 C.D copies.

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