The Regional Manager vs K. Upender Reddy
2021 Latest Caselaw 4302 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                          AND
             THE HON'BLE SRI JUSTICE N. TUKARAMJI


                       WRIT APPEAL No.83 of 2019

JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

09.11.2018 passed in W.P.No.21015 of 2011 by the learned

Single Judge.

     The facts of the case reveal that the respondent before

this Court was appointed on 23.03.2005 and he was absent

unauthorisedly. A departmental enquiry took place and an

order of removal was passed on 04.05.2005. He preferred an

appeal and the same was dismissed on 26.07.2005.

Thereafter, he preferred a review and the reviewing authority

has directed his reinstatement as a fresh Driver by order

dated 19.08.2005.

The employee in question came up before this Court

stating that the punishment is shockingly disproportionate to

the alleged misconduct. In those circumstances, the learned

Single Judge has remanded back the matter to the reviewing

authority to examine the records and to determine the

appropriate punishment keeping in view the regulations

governing the field.

In the considered opinion of this Court, the learned

Single Judge has rightly remanded back the matter to the

reviewing authorities to reconsider the same on the ground of

quantum of punishment. Therefore, this Court does not find

any reason to interfere with the order passed by the learned

Single Judge.

Accordingly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 13.12.2021 ES