Ch.Srinivasa Rao, Gajuwaka, ... vs Depot Manager,Apsrtc,Anakapally ...
2023 Latest Caselaw 5637 AP

Andhra Pradesh High Court - Amravati

Ch.Srinivasa Rao, Gajuwaka, ... vs Depot Manager,Apsrtc,Anakapally ... on 27 November, 2023

                  THE HON'BLE SRI JUSTICE HARINATH.N

                       WRIT PETITION No.34680 OF 2011
ORDER:

This writ petition is filed challenging the Proceedings

No.PA/19(25)/2008-RM:VSP, Visakhapatnam, dated 31.07.2008,

whereby the Regional Manager, A.P.S.R.T.C., 3rd respondent

herein, has modified the initial punishment of withholding the

annual increment for one year with cumulative effect to that of

withholding the annual increment for six months with

cumulative effect.

02. Heard learned counsel for the petitioner and the

learned standing counsel for respondents.

03. During hearing, learned counsel for the petitioner

submits that imposing punishment of withholding the increment

with cumulative effect is a major punishment and the same

ought not to have been ordered without conducting any proper

enquiry. Learned counsel relied on the judgment of the Apex

Court in Kulwant Singh Gill v. State of Punjab 1 and the

judgment of the erstwhile High Court of Judicature at Hyderabad

for the State of Andhra Pradesh and Telangana rendered in W.P.

No.22377 of 2001 following the judgment of the Apex Court

1991 Supp (1) SCC 504

in Kulwant Singh Gill referred to supra, allowed the writ petition

whereby in similarly placed circumstances, the deferment of

annual increment with cumulative effect was under challenge.

04. Considering the submissions made by the petitioner,

this Court feels it necessary to modify the proceedings, dated

31.07.2008, passed by the 3rd respondent withholding the

petitioner's annual increments for six months, which shall affect

on future increments, as withholding annual increments for six

months without affecting future increments.

05. Accordingly, the writ petition is partly allowed. No

costs.

Pending miscellaneous applications, if any, shall stand

closed.

________________________ JUSTICE HARINATH. N Dt.27.11.2023 BV