Telangana High Court

WP/25129/2004 of D.Rajanna, 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 : 25129 of 2004 Between: D.Rajanna, s/o Pochetty, C/o Mancherial Bus Depot, Mancherial,

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 : 25129 of 2004

Between:

D.Rajanna, s/o Pochetty,

C/o Mancherial Bus Depot, Mancherial, Adilabad District.

AND

..... PETITIONER

1 The Regional Manager, APSRTC, Adilabad Region, Adilabad District.

2 The Divisional Manager, ASPRTC, Adilabad Division, Adilabad District.

3 The Depot Manager, APSRTC, Mancherial Bus Depot, Adilabad District.

.....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 pleased to toissue an order, direction or writ more particularly one in the nature of writ ofmandamus declaring the action of the 3rd respondent in issuing the ProceedingsNo.01/2 (11)/98-MNCL, Dated 14-12-1998 as illegal, arbitrary and unjust andconsequently set aside the proceedings No.01/2(11)/98-MNCL, dated 14-12-1998issued by the 3rd respondent and pass such further other order or orders Counsel for the Petitioner:MR.G.RAVI MOHAN

Counsel for the Respondents: SMT.P.RAJANI REDDY

The Court made the following :

ORDER:

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Heard both the counsel.

The petitioner questions the order dated 14.12.1998 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 two incrementswithout 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

1 The Regional Manager, APSRTC, Adilabad Region, Adilabad District.

2 The Divisional Manager, ASPRTC, Adilabad Division, Adilabad District.

3 The Depot Manager, APSRTC, Mancherial Bus Depot, Adilabad District.

4 2 CD copies

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