Heard Learned Counsel For The vs Rafiq Masih
2021 Latest Caselaw 4600 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

 MAIN CASE: WRIT PETITION No.25392 of 2021

                              PROCEEDING SHEET
Sl                                                                         OFFICE
     DATE                               ORDER
No                                                                          NOTE

2. 12.11.2021 NJS,J
                             Writ Petition No.25392 of 2021

                    Heard learned counsel for the petitioner and
              learned Standing Counsel for APSRTC.

                    Learned counsel for the petitioner submits that
              on the basis of the audit report for the year 2015, the
              respondents are deducting a sum of Rs.500/- per

month as fine from the salary of the petitioner. He submits that on the allegation that excess payments were made to the drivers and conductors, the said amount is sought to be recovered every month. He also refers to one of the pay slips for the month of September 2021 at page No.14 of the material papers. While placing reliance on the judgment of the Hon'ble Supreme Court in State of Punjab vs. Rafiq Masih, (2015) 4 SCC 334 and the judgment of Calcutta High Court in Jyotsna Rani Das vs. State of West Bengal, W.P.No.25900 (W) of 2017, dated 25.1.2018, he submits that the recovery as contemplated by the respondents with reference to the certain allegations of payment of excess amounts in the year 2015 is not sustainable. Prima facie this Court is of the opinion that the contentions raised by the learned counsel for the petitioner merits consideration.

Accordingly, there shall be interim direction as prayed for.

List the matter after four weeks for filing counter.

_________ NJS, J vasu