IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND FIVE

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION No. 6064 of 2005

Between:

V.L.Narayana, S/o. Venkaiah R/o. Rangampet (Post & Vill).,

Kolcharam mandal, Medak District.

..... PETITIONER

AND

The A.P.S.R.T.C.. Rep,. by its Depot Manager,

Sangareddy Depot, Medak District.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for the records from the Respondents herein by issuing a writ Order or Direction more particularly one in the nature of writ of Mandamus by declaring the impugned order No. P2/1(36)/98-97 DM:SRD dt. 7-12-1998 as arbitrary, illegal and contrary to law and violation of APSRTC (CCA) Regulations and also violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to restore all consequential benefits to the petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner: MR.P.SRIDHAR RAO Counsel for the Respondent: MR.V.T.M.PRASAD (S.C.FOR APSRTC)

The Court at the admission stage made the following:

ORDER:

Declaring the action of the respondent in imposing major penalty vide proceedings No.P2/1(36)/98-97DM:SRD dated 07.12.1998, as illegal and arbitrary, the present writ petition is filed.

The petitioner is working as a Conductor in the respondent Corporation. He was charged for certain cash and ticket irregularities. He submitted his explanation. The respondent passed an order on 07.12.1998, without conducting any enquiry, by imposing a penalty of deferment of annual increment for a period of one year, which shall have effect on future increments of the petitioner. Hence the writ petition.

2. The grievance of the petitioner is that since it is a major punishment, it cannot be maintained unless it is imposed after holding an enquiry and giving an opportunity to the petitioner. Therefore, he approached this Court through this writ petition to declare that the action of the respondent is illegal and to direct the respondent to add the deferred increment.

3. It is well settled that denial of increments with cumulative effect tantamount to a major penalty, and such penalty cannot be imposed by the disciplinary authority without holding a regular departmental enquiry in terms of relevant service regulations.

4. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of one year with cumulative effect, imposed by the respondent, can be reduced with slight modification.

Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of one year without cumulative effect. The petitioner is not entitled for the difference of the amount, if any, by virtue of this Order, but he is entitled to get the increment on notional calculation from the date of this order, to which, he is entitled.

5. The writ petition is, accordingly, disposed of. No costs.

Dated: 23.03.2005

Dsr

ASSISTANT REGISTRAR

To:

1. The Depot Manager, APSRTC, Sangareddy Depot, Medak District

2. Two CD copies

Form-NIC-OGS/WP{VSMI}