The Apsrtc Now Tsrtc vs G. Rama Swamy
2022 Latest Caselaw 2901 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
           THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                      WRIT APPEAL No.273 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.27930 of 2009.

        The undisputed facts of the case reveal that on account of

disciplinary proceedings, an order dated 30.12.2006 was passed

against the respondent/employee inflicting a punishment of

deferment of two annual increments with cumulative effect and

also treating the period of suspension as not on duty against

which an appeal was preferred and the same was dismissed.

Thereafter, a writ petition was preferred and the learned Single

Judge has modified the punishment order to that of deferment

of annual increments for a period of two years without

cumulative effect.

Unfortunately, during the pendency of the appeal, the sole

respondent expired and at this stage, learned counsel for the

appellants has fairly stated before this Court that the

punishment cannot be enhanced without hearing him.

Resultantly, the present writ appeal stands disposed of as

infructuous keeping in view the death of the respondent/

employee.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ B. VIJAYSEN REDDY, J

17.06.2022 JSU