Telangana High Court
WP/24600/2004 of B. Ramaiah, Vs The Depot Manager, APSRTC, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24600 of 2004 Between: B. Ramaiah, S/o Late Abbu Ramulu, R/o 7-173/11, Church Compound,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24600 of 2004
Between:
B. Ramaiah, S/o Late Abbu Ramulu, R/o 7-173/11, Church Compound, Suryapet, Nalgonda District.
AND
..... PETITIONER
The Depot Manager, APSRTC,
Bus Depot, Suryapet, Nalgonda District.
.....RESPONDENT
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 Writ ofCertiorari, quash the impugned Proc.No. 02/95/DS(72)/01-SRPT dated 18-3-2002 as arbitrary, in violation of Reg.12 (2) of APSRTC, C.C. & A Reg. 1967and direct the respondent to restore the deferred increment along with itsconsequential benefits in the interest of justice and fair play.
Counsel for the Petitioner: MR.V.NARASIMHA GOUD
Counsel for the Respondent: MR.V.T.M.PRASAD (S.C.FOR APSRTC)
The Court at the admission stage, made the following:
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24600 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 25-08-2001 for having found excess cashand after receiving the explanation of the petitioner, the final orders werepassed on 18-03-2002 imposing the penalty of withholding of one incrementalstage for one year with cumulative effect. The petitioner questioned the orderon the ground that though there is reduction of annual increment for one yearwith cumulative effect is a major penalty, the respondent passed the impugnedorder without conducting any enquiry as required under the rules. Therefore,the order 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 3 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 one year without cumulativeeffect. The petitioner is not entitled for the difference of the amount, if any, by virtue 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 one year without cumulativeeffect.
4. The Writ Petition is accordingly disposed of with the above observations. Inthe circumstances, there shall be no order as to costs.
Kvr December 29, 2004
To
___________________
1. The Depot Manager, APSRTC, Bus Depot, Suryapet, Nalgonda District.
2. 2 C.D copies.