Andhra Pradesh Road Transport ... vs N.V. Gopal,
2021 Latest Caselaw 3710 Tel

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


                        WRIT APPEAL No.475 of 2019

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




        The present writ appeal is arising out of order dated

29.10.2018 passed in W.P.No.22871 of 2002 by the learned Single

Judge.

        The facts of the case reveal that the respondent/employee

was absent from January, 1998 to November, 1998 totalling to 76

days. He was issued a show cause notice on 15.04.1999 and after

holding a departmental enquiry an order of removal was passed on

07.05.1999. He preferred an appeal, which was rejected and

thereafter, he preferred a review and the reviewing authority by an

order dated 07.02.2000 directed reinstatement of the

respondent/employee and inflicted punishment of stoppage of one

increment with cumulative effect, against which, the employee has

preferred a writ petition and the learned Single Judge has

moderated the punishment to that of stoppage of one increment

without cumulative effect.

Learned counsel for the employee has drawn the attention of

this Court towards the departmental enquiry and undisputedly the

employee was not well. He submits that the employee was

suffering from an acute renal problem and he did not submit

medical certificate in respect of his illness in time and that was the

reason for interfering with the punishment order passed by the

reviewing authority.

In the considered opinion of this Court, the absence was on

account of medical reasons. The employee was suffering from renal

disorder and a certificate was on record. Therefore, the learned

Single Judge was justified in disposing of the writ petition by

treating the punishment as stoppage of one increment without

cumulative effect. 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

______________________________ A. RAJASHEKER REDDY, J

23.11.2021 ES