IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 28891/2024

Between:

V Govinda Raju ...PETITIONER

[3331]

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.SRINIVASA RAO MORTHA

Counsel for the Respondent(S):

1.VINOD KUMAR TARLADA (SC FOR APSRTC)

2.GP FOR SERVICES I

The Court made the following ORDER:

The petitioner, Driver in APSRTC, filed the above writ petition impugning the proceedings issued by respondent No.4 vide No.Peshi/675(4)/2024-ED:VZM, dated 24.08.2024 (Ex.P1), whereby the authority imposed punishment of reduction of two incremental stages for a period of two years having effect on his future increments the above writ petition is filed.

Heard learned counsel appearing on either side.

The petitioner was removed from service by proceedings in Case No.02/118(4)/2021-RCPM, dated 04.02.2022 (Ex.P2) issued by respondent No.3. Impugning the said proceedings, the petitioner filed W.P.No.2127 of 2023. The Co-ordinate Bench of this Court, by order dated 31.01.2023 suspended the removal order. Thereafter, the interim order granted was extended until further orders by order dated 28.02.2023.

Pending the above writ petition, the petitioner filed Mercy petition dated 21.02.2024, without informing the authority about the pendency of writ petition and interim order granted therein. Respondent No.4 by proceedings No.Peshi/675(4)/2024-ED:VZM, dated 24.08.2024 (Ex.P1), imposed punishment of reduction of two incremental stages for a period of two years having effect on his future increments and the period from the date of removal till the report of petitioner for duty is treated as 'Not on Duty' for the purpose of leave and increments. Impugning the said proceedings, the above writ petition is filed.

When the removal order passed by the Depot Manger, is under suspension and the writ petition is pending consideration, Mercy application filed by the petitioner as well as the order passed by respondent No.4 vide Ex.P1 are unwarranted. Hence, the proceedings impugned are liable to be suspended.

Given the facts and circumstances of the case, the proceedings issued by respondent No.4 vide No.Peshi/675(4)/2024-ED:VZM, dated 24.08.2024 (Ex.P1), whereby the authority imposed punishment of reduction of two incremental stages for a period of two years having effect on future increments of the petitioner alone, are hereby suspended.

Post W.P.No.2127 of 2023 along with this writ petition on 20.01.2025.

________________________ SUBBA REDDY SATTI, J

Dated: 16.12.2024 TVN