The Depot Manager, Apsrtc, Another vs V. Raju, Visakhapatnam Dist.
2024 Latest Caselaw 8559 AP

Andhra Pradesh High Court - Amravati

The Depot Manager, Apsrtc, Another vs V. Raju, Visakhapatnam Dist. on 18 September, 2024

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               IN THE HIGH COURT OF ANDHRA PRADESH
                            AT AMARAVATI

             THE HONOURABLE SRI JUSTICE G.NARENDAR

      THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

                       WRIT APPEAL NO: 1083/2008


JUDGMENT:

(per Hon'ble Smt. Justice Kiranmayee Mandava)

The appeal is directed against the order of the learned Single Judge

dated 05.01.2007, in modifying the punishment of stoppage of annual

increments for a period of two years with cumulative effect to that of stoppage

of annual increment for a period of two years without cumulative effect.

2. It is contended that the writ petitioner, while working as a conductor in

Gajuwaka Bus Depot, APSRTC, was charged for committing irregularities in

issuing tickets. Thus the petitioner was suspended from service vide

proceedings dated 14.06.2000, and was issued show cause notice dated

04.11.2000. Subsequently, punishment of withholding annual increments for a

period of two years was imposed.

3. Challenging the said proceedings, the respondent/writ petitioner has

filed W.P. No.383 of 2007, contending that without conducting any enquiry

and at the stage of show cause notice, the order of punishment of withholding

two annual increments with cumulative effect was passed, which would effect

his future increments and as same is a major penalty, domestic enquiry was

mandated.

4. The learned Single Judge relying on the decision of this Court in

W.P. No.18299 of 2005 dated 05.09.2005, has modified the order of the

punishment imposing stoppage of two (2) annual increments with cumulative

effect, to that of stoppage of annual increments for a period of two years

without cumulative effect.

5. Assailing the same, the present Writ Appeal is filed by the Corporation.

6. Heard, Sri Vinod Kumar Tarlada, learned Standing Counsel for

APSRTC and Sri Kambham Madhava Reddy, learned counsel for the

respondent.

7. It is contended by the appellant-Corporation that the order of imposing

penalty of withholding of increments with cumulative effect is a minor

punishment. Therefore, the same can be imposed as per APSRTC's

(Classification, Control under Appeal) regulations, without issuing show cause

notices. It is further contended that the writ petitioner has approached the

High Court after lapse of six (6) years from the date of issuance of the

impugned order, therefore does not deserve any indulgence of this Court.

8. Considered the rival submissions. We are of the considered view that

the order of the learned Single Judge in modifying the punishment imposed by

the disciplinary authority from stoppage of two annual increments with

cumulative effect to that of stoppage of annual increments for a period of two

years without cumulative effect, is reasonable and proportionate to the

charges levelled against the respondent and the same do not call for any

interference of this Court.

9. The Writ Appeal is accordingly dismissed. No order as to costs.

As a sequel, pending interlocutory applications, if any, shall stand

closed.

____________________ JUSTICE G.NARENDAR

______________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 16.07.2024 MVK

THE HON'BLE SRI JUSTICE G.NARENDAR

AND

THE HON'BLE SMT. JUSTICE KIRANMAYEE MANDAVA

Date:16.07.2024

MVK