The Dy. Chief Traffic Manager, vs P. Ramaswamy,
2021 Latest Caselaw 3280 Tel

  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

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

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