THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.260 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
20.12.2018 passed in W.P.No.13888 of 2004 by the learned
Single Judge.
The facts of the case reveal that the
respondent/employee before this Court was appointed as a
Conductor in the services of Telangana State Road Transport Corporation and while discharging his duties on 15.07.2020, he allegedly committed misconduct and a charge sheet was issued on 03.08.2020. The department enquiry was held and the Enquiry Officer found the respondent/employee guilty in respect of the irregularities relating to ticketing and not collecting cash from certain passengers. An order of removal was passed on 02.11.2000 and, thereafter, an appeal was preferred before the appellate authority. The appellate authority has passed order dated 15.02.2001 modifying the punishment to that of stoppage of two annual increments with cumulative effect and also denied continuity of service.
Learned counsel appearing for the appellant/corporation has informed this Court that there was no cause for the learned Single Judge to modify the punishment as has been done in the matter to that of 2 stoppage of two annual increments without cumulative effect. He has stated that keeping in view the misconduct, the major punishment of removal was imposed and thereafter the appellate authority keeping in view the past track record, purely on humanitarian consideration, has taken a lenient view of reinstatement of the respondent/employee, the order passed by the learned Single Judge deserves to be set aside.
On the other side, learned counsel appearing for the respondent/employee has stated before this Court that the respondent/employee has already attained the age of superannuation and. therefore, once again lenient view may be shown to him.
This Court has carefully gone through the charge sheet, the order of removal as well as the order passed by the learned Single Judge. The matter was relating to cash and ticket irregularities and at the first place, the order of removal was passed on 02.11.2000. The appellate authority has certainly taken a very lenient view in the matter by modifying the punishment to that of stoppage of two annual increments with cumulative effect. In the considered opinion of this Court, the order passed by the appellate authority on 15.02.2001 was not at all disproportionately shocking keeping in view the misconduct committed by the respondent/employee and therefore could not have been interfered with. Resultantly, the order dated 20.12.2018 passed by the learned Single Judge is set aside. The order 3 dated 15.02.2001 passed by the appellate authority modifying the punishment to that of stoppage of two annual increments with cumulative effect is upheld. However, the employee shall be entitled for continuity in service in the matter of grant of terminal dues as well as pension without monetary benefits.
With the aforesaid, the writ appeal stands disposed of. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 08.11.2021 ES