HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.39552 of 2014 Date: 30-12-2014 Between S.S.Shivudu … Petitioner and The APSRTC, Rep. by its VC & MD, Bus Bhavan, Musheerabad, Hyderabad, Telangana State; and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.39552 of 2014 Order:
Heard Sri P.Venkateshwer Rao, learned counsel appearing for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel appearing for the respondents- Corporation.
2. The petitioner is a driver in the respondents- Corporation. On the ground that he caused an accident on account of his rash and negligent driving, a charge- memo was issued to him against which, he submitted an explanation denying the charge levelled against him. Thereafter, an order imposing punishment of deferment of annual increment for a period of two years with cumulative effect was imposed against him. Feeling aggrieved, he filed an appeal and the Appellate Authority rejected the appeal treating it as time barred. Challenging the said punishment, the petitioner filed the present writ petition.
3. The learned counsel appearing for the petitioner submits that the punishment imposed against the petitioner is a major punishment, which cannot be imposed without conducting any enquiry and therefore, the punishment is liable to be set aside.
4. The learned Standing Counsel appearing for the respondents-Corporation opposes setting aside the punishment.
5. Obviously, a major punishment was imposed on the petitioner without conducting any enquiry, which is not in accordance with law. Therefore, the punishment imposed by the 3rd respondent is modified to that of stoppage of one annual increment for a period of two years without cumulative effect.
6. With the above modification in the punishment, the writ petition is disposed of at the stage of admission. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
30th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.39552 of 2014 30th December, 2014. (Ak)