IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THIS THE TWENTY SIXTH DAY OF SEPTEMBER, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.28160 of 2014 Between:
P.Ch.O.K.Reddy . PETITIONER And A.P.S.R.T.C. rep. by its M.D.,Hyderabad and two others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.28160 of 2014 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the proceedings No.PA/675(8)/2012- RM(o), dated 31.07.2012 of the second respondent in imposing the punishment of deferment of annual increment for a period of one year with cumulative effect on future increments as illegal, arbitrary and contrary to the facts of the case and set aside the same with all consequential benefits including restoration of deferred increments with payment of arrears.
Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents-APSRTC.
A disciplinary enquiry was conducted against the petitioner on the ground that he was absent from duties without intimation from 25.05.2007 to 14.06.2007. In the enquiry, the charge against the petitioner was proved. Thereupon, the disciplinary authority imposed on the petitioner the punishment of deferment of two increments with cumulative effect. In the appeal, the punishment was modified to that of one increment with cumulative effect.
Learned counsel appearing for the petitioner submitted that having regard to the facts and circumstances of the case and the charge levelled against the petitioner, the punishment imposed is grossly disproportionate and deserves to be reduced in this writ petition.
Learned counsel appearing for the respondent-R.T.C. would submit that the same punishment can be maintained as it deserves no further reduction.
Having gone through the submissions and having regard to the facts and circumstances of the case, this Court is of the opinion that as the petitioner is absent only for twenty days and according to him he also applied for leave, the punishment imposed is grossly disproportionate to the misconduct alleged and deserves to be reduced in this writ petition and accordingly it is reduced to one increment without cumulative effect.
The writ petition is accordingly disposed of without any order as to costs. Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date:26.09.2014 ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.28160 of 2014 Date:26-09-2014