Apsrtc, Rep By Its Managing ... vs B. Hanumaiah
2022 Latest Caselaw 1470 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                 AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



             WRIT APPEAL No.1953 of 2017

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


     The present writ appeal is arising out of an order

dated 25.04.2016 passed by the learned Single Judge in

W.P.No.19519 of 2014.


     The    writ      petition        was       preferred         by    the

respondent/writ petitioner (hereinafter referred to as, the

employee) alleging that even after expiry of the punishment

of stoppage of increments, the appellants/respondents in

the writ petition are not restoring his increments and in

those circumstances, the learned Single Judge has directed

restoration of increments. It was stated before the learned

Single Judge that the punishment orders were passed on

28.06.2007, 20.07.2007, 24.04.2010 and 18.10.2010 and

the other orders inflicting punishment of stoppage of

increments were not brought to the notice of the learned

Single Judge.

Now a detailed affidavit has been filed furnishing all

the minute details of the various punishment orders

passed from time to time inflicting punishment on the

employee. The order passed by the learned Single Judge is

certainly silent in respect of various punishment orders

against the employee.

Therefore, in the light of the affidavit filed by the

employer dated 17.02.2020, the order passed by the

learned Single Judge is hereby set aside and the matter is

remanded back to the learned Single Judge to decide the

writ petition afresh, after taking into account all the

punishment orders passed by the employer.

Office is directed to list W.P.No.19519 of 2014 before

the learned Single Judge having roster on 29.03.2022 on

which date the parties shall appear before the learned

Single Judge. The learned Single Judge is requested to

decide the matter at an early date.

The writ appeal is accordingly allowed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

24.03.2022 vs