The Regional Manager, Apsrtc vs M.N.Reddy,
2021 Latest Caselaw 3683 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
          THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                   WRIT APPEAL No.405 of 2019


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




     The present writ appeal is arising out of the order

dated 23.10.2018 passed by the learned Single Judge in

W.P.No.23962 of 2004.

     The undisputed facts of the case reveal that the

respondent was absent from 06.06.2001 to 25.06.2001.

An enquiry took place in the matter and a punishment of

removal from service was inflicted upon him on

13.09.2001. Challenging the same, an appeal was filed,

which was rejected. Thereafter, a review petition was

preferred and the reviewing authority has modified the

order of punishment by moderating to stoppage of three

increments with permanent effect for one year, against

which the writ petition was preferred. The learned Single

Judge has passed an order again by moderating the

punishment as stoppage of three increments without

cumulative effect. The employer is aggrieved by the order

passed by the learned Single Judge.

This Court has carefully gone through the order

passed by the reviewing authority as well as the order

passed by the learned Single Judge. Undisputedly, for

absence from 06.06.2001 to 25.06.2001, punishment

shockingly disproportionate to the guilt of the employee

was inflicted upon him and therefore, keeping in view the

totality of circumstances and as it was a case of absence

from 06.06.2001 to 25.06.2001 only, the learned Single

Judge was justified in moderating the punishment to that

of stoppage of three increments without cumulative

effect. This Court does not find any reason to interfere

with the order passed by the learned Single Judge.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 22.11.2021 vs