Telangana High Court

WP/25267/2004 of P.Yellaiah, Vs The Divisional Manager,(SRPT Division) on 31 December 2004

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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 : 25267 of 2004 Between: P.Yellaiah, S/o Late Seethaiah, Conductor, E.No.78909 R/o

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 : 25267 of 2004

Between:

P.Yellaiah, S/o Late Seethaiah, Conductor, E.No.78909

R/o 1-4-240/90, Balaji Nagar, K.K.Raod, Suryapet, Nalgonda District.

..... PETITIONER

AND

1 The Divisional Manager,(SRPT Division) APSRTC, Suryapet, Nalgonda District.

2 The Depot Manager, APSRTC., Bus Depot , Suryapet, 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 appropriate writ, or direction particularly one in the nature of Writ ofMandamus declaring the impugned Proc.No.02/95(78)/96-SRPT, dt. 28/02/1998 inwithholding annual increment for a period of (2) years which shall have effect onfurther increments as confirmed by the1st respondent vide Proc.No.PA/19(97)/03-DVM. SRPT dt. 28/08/2003 as illegal, void in law and contrary to the Reg.12(2) ofAPSRTC. C.C. & A Reg.1967 and direct the respondents to restore the deferredincrements along with all consequential benefits.

Counsel for the Petitioner:MR.V.NARASIMHA GOUD

Counsel for the Respondent Nos.1&2: MR.V.T.M.PRASAD, STANDINGCOUNSEL FOR APSRTC

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

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ORDER:

Heard both the counsel.

The petitioner questions the order dated 11.11.1998 imposingpunishment of postponement of annual increment for a period of twoyears, which shall have the effect of postponing the futureincrements. 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 two years which shall not have the effect ofpostponing the future increments. No costs.

____________

31.12.2004

bsv

To

1 The Divisional Manager,(SRPT Division) APSRTC, Suryapet, Nalgonda District.

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

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