THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26202 OF 2014 Between:- P.V.Lakshmi Prasad.
…Petitioner And The Central Power Distribution Company A.P.(APCPDCL) Rep.by its Chairman and Managing Director, Mint Compound, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26202 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and Sri P.Lakshma Reddy, learned standing counsel appearing for the respondents.
This writ petition is filed seeking a mandamus, declaring the action of the respondents in not restoring the original service of the petitioners on par with his junior in the category of Assistant Divisional Engineer consequent on modified punishment orders dated 28-3-2013 as illegal, arbitrary, discriminatory and consequently direct the respondents to restore the service of the petitioner on par with his juniors in the category of Assistant Divisional Engineer/Electrical.
The petitioner joined in service as Assistant Engineer in the year 1992 under the erstwhile APSEB and the petitioner’s promotion was denied on the alleged pendency of charge Memo dated 24-2-2000 at the relevant time of promotions to the category of Assistant Divisional Engineer/Electrical. Subsequently, the third respondent-A.P.Transco issued a Memo dated 25-11-1999 imputing certain charges. Enquiry officer was appointed and enquiry was held. The enquiry officer ultimately found the petitioner guilty of the charges and the enquiry officer submitted his report on 29-7-2005. A punishment of stoppage of one increment without cumulative effect was imposed on the petitioner. The petitioner preferred a revision under Regulation 14(A) of APSEB Discipline & Appeal Regulations adopted by APCPDCL to the first respondent on 8-2-2010 and sought for consideration of the same by setting aside the punishment imposed against him.
It is stated that initially, the first respondent vide Memo dated 28-2-2011 rejected the revision without considering the same on merits on the ground that all the cases finalised by APTRANSCO should not be reopened by Distribution Companies. Subsequently, the petitioner filed review petition and the APCPDCL revised the punishment and modified the same to one of censure. Thereafter, the petitioner made a representation stating that in view of the modified punishment, his case for promotion has to be considered on par with his batchmates and the said representation is now pending with the first/4th respondent. He filed the present writ petition to restore his seniority on par with his juniors in the category of Assistant Divisional Engineer/Electrical.
In view of the above circumstances, the first/4th respondent is directed to consider the representations filed by the petitioner dated 25-09-2013 and 8-10-2013 for restoration of his seniority and pass appropriate orders as per rules, within a period of six weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 8-09-2014 Note:
Issue CC in two days. Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26202 OF 2014 Date: 08-09-2014 Shr.