B. Shankaraiah, v. Andhra Pradesh State Road Transport Corporation,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.33421 of 2014 ORDER:

This writ petition is filed seeking the following relief: "For the reasons stated in the accompanying affidavit the petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ, order or directions more in the nature of Writ of Mandamus declaring the proceedings of the 2nd respondent No.PA/675(48)/2014-RM (RR), dated 23.08.2014 in imposing three (3) punishments i.e. reduction of basic pay by two incremental stages for a period of two years with effect on future increments, forfeiting security deposit and treating the intervening period i.e. from the date of removal to date of reporting for duty as "not on duty" for all purposes viz., PF, Gratuity, Seniority, Promotion, Leave etc.

, as illegal, arbitrary and contrary to CC&A Regulations of the Corporation and violative of principles of natural justice and set aside the same insofar against to the petitioner with all consequential benefits including continuity of service, increments, all attendant benefits including back wages and pass such other order or orders in the interest of justice as otherwise the petitioner may suffer irreparable loss and hardship."

Heard Sri P.Govinda Rajulu, learned counsel for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the respondent-Corporation.

It has been contended by the petitioner that he is working as a Driver in the respondent-Corporation. While so, the 3rd respondent issued a charge sheet against him on 16.11.2013 alleging that he committed certain cash and ticket irregularities on 25.10.2013. The said act was construed as misconduct and after initiating disciplinary proceedings and after conducting regular departmental enquiry, the disciplinary authority passed an order dated 23.08.2014 removing him

from service. Aggrieved thereby, he filed an appeal before the appellate authority, but the same was rejected vide proceedings dated 25.06.2014. Thereafter, the petitioner filed review before the 2nd respondent. The 2nd respondent passed impugned orders dated 23.08.2014, reinstating the petitioner into service by imposing 3 major punishments viz., reducing his basic pay by two (2) incremental stages for a period of two (2) years which shall have an effect on future increments, his security deposit is forfeited to the Corporation with a direction to pay fresh security deposit and that the intervening period i.e. from the date of removal to the date of reporting duty shall be treated as "Not on duty" for all purposes viz., PF, Gratuity, Seniority, Promotion, Leave etc. Aggrieved by the same, the present writ petition is filed.

It has been contended by the learned counsel for the petitioner that the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect is too harsh. Learned counsel further contended that the revisional authority ought to have taken a lenient view and modified the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect to that of without cumulative effect. Learned Standing Counsel for the respondent-Corporation had contended that the charge framed against the petitioner is very serious in nature and the disciplinary authority had rightly imposed the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect for the proven misconduct in the enquiry

and the appellate authority had rightly rejected the appeal filed by the petitioner and, therefore, no interference is called for from this Court. This Court, having considered the rival submissions of the parties, is of the considered view that the revisional authority ought to have modified the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect to that of without cumulative effect. Therefore, ends of justice would be met if the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect is modified to that of without cumulative effect.

Accordingly, the Writ Petition is disposed of, modifying the punishment of reduction of pay of the petitioner by two incremental stages with cumulative effect to that of without cumulative effect. It is made clear that the above modified punishment is without any monetary benefits. The punishments imposed on other counts shall remain same. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 15th December 2018 ajr