Md.K. Mahabubuddin v. The Depot Manager, Apsrtc, Karimnagar

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4790 of 2002 ORDER:

This Writ Petition is filed seeking writ of Certiorari calling for the records relating to order, dated 11.09.2000, passed by the Regional Manager, APSRTC, modifying the order reducing the pay by one incremental stage for a period of one year with cumulative effect and quash the same as bad, illegal and the same is untenable and against the principles of natural justice, without following due process of law. A consequential direction to the respondents to add one incremental stage for a period of one year in the pay scale along with arrears, is also sought. 2.

Heard Sri Sadu Rajeswara Reddy, learned counsel for the petitioner, and Sri A.Ravi Babu, learned Standing Counsel for the respondent-Corporation.

3.

It has been submitted by the petitioner that he was appointed as Driver in the respondent-Corporation on 01.10.1983. While discharging the duties as Driver, he was removed from service by proceedings, dated 06.11.1996, on the ground of unauthorized absenteeism for the period from 09.01.1996 to 23.02.1996. The petitioner had preferred an appeal to the appellate authority challenging the order of removal, dated 06.11.1996. The appellate authority, after giving reasons, modified the order of punishment of removal to that of reinstatement and reduction of pay of the petitioner by two incremental stages for a period of two years, besides treating the period of absenteeism as not on duty. The petitioner thereafter preferred a review petition and the reviewing authority vide order, dated 11.09.2000, took a

lenient view and reduced the pay by one incremental stage for a period of one year with cumulative effect. Accordingly, the orders passed by the Disciplinary Authority and appellate authority were modified to that of reduction of pay by one incremental stage for a period of one year with cumulative effect. Challenging the same, the present writ petition is filed.

4.

It has been contended by counsel for the petitioner that without conducting any enquiry, the respondents have imposed a major penalty initially, which was modified by the appellate authority and further modified by the reviewing authority. He further contended that ends of justice would be met, if the reduction of pay by one incremental stage for a period of one year with cumulative effect is modified to that of without cumulative effect. He also contended that for a mere absenteeism for forty days, imposing a major penalty with cumulative effect is too harsh and disproportionate to the charges levelled against the petitioner. 5.

Learned Standing Counsel appearing for the respondentCorporation has contended that a regular enquiry was conducted and thereafter only on proving the misconduct in the department, the petitioner was removed from service initially by the Disciplinary Authority and the appellate authority having taken a lenient view modified the punishment of removal to that of reduction of pay for two stages for a period of two years with cumulative effect and the same was further modified by the reviewing authority again taking a lenient view by reducing the pay by one incremental stage for a period of one year with cumulative effect. Therefore, no further interference is called for from this Court.

6.

This Court, having considered the submissions, is of the view that ends of justice would be met, if the punishment, as modified by the reviewing authority, is further modified to that of reduction of one incremental stage for a period of one year without cumulative effect, by taking into consideration the totality of case because the petitioner was absent only for a period of forty days, as recorded by the appellate authority, that too for his daughter's operation, and imposing of penalty with cumulative effect would be too harsh and disproportionate to the charge levelled against the petitioner.

7.

With the above modification, the Writ Petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________________ ABHINAND KUMAR SHAVILI, J JULY 25, 2018 YVL

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4790 of 2002 Date:25.07.2018 YVL