M.A. Qadeer v. Apsrtc, Nzb Andanr

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 24438 of 2002 ORDER:

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the 2nd respondent in issuing proceedings dated 20.04.2000 and the consequential action of the 1st respondent in rejecting the appeal of the petitioner vide proceedings dated 14.08.2001 without referring to the direction given in W.P.No.16410 of 2000, as illegal and arbitrary.

Learned counsel for the petitioner has contended that the 2nd respondent passed the impugned order dated 20.04.2000 imposing the punishment of deferment of annual increment for two years without cumulative effect duly recovering an amount of Rs.11,456.50 ps towards loss of face value of 22 blocks of tickets from the salary of the petitioner; that the face value of the ticket lost cannot be recovered and only the printing and stationery charges of tickets lost and ticket tray cost can be recovered; that the issue raised in this writ petition is squarely covered by a judgment dated 24.07.2000 rendered by this Court in Ch.P.Reddy Vs. APSRTC, Hyderabad1 wherein it is held that the corporation is entitled to recover only the cost of printing the tickets and the tray and other articles, but not the value of the tickets found lost; and that, therefore, the writ petition is liable to be allowed. 1 2000 (5) ALD 93

Learned counsel for the respondent corporation has not disputed the judgment relied on by the learned counsel for the petitioner.

Having considered the rival submissions made by the learned counsel for the parties and perused the record, the writ petition is disposed of directing the respondent corporation to recover only the cost of printing the tickets and the tray and other articles from the petitioner. The amount, if any, recovered from the petitioner in excess than what has to be exactly recovered, shall be refunded to the petitioner within four weeks from the date of receipt of a copy of this order.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 5th November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 24438 of 2002 (disposed of) 5th November, 2018 cbs