REGIONAL MANAGER Vs. P.P. REDDY

JUDGEMENT

(1.) THE sole respondent is the Conductor in the APSRTC, the appellants herein. Alleging certain cash and ticket irregularities, a charge sheet was issued to him on 12.02.1998 and the respondent submitted his explanation. Not satisfied with the same, the Disciplinary Authority i.e. the 3rd appellant, passed an order, dated 18.05.1998, imposing the punishment of deferment of annual increment for a period of one year with cumulative effect. The respondent filed W.P.No.7267 of 2005 challenging the same. A learned Single Judge disposed of the writ petition by directing that the deferment of annual increment shall be treated as without cumulative effect. Hence, this writ appeal.

(2.) HEARD learned counsel for the appellants and learned counsel for the respondent.

(3.) THE learned Standing Counsel for the appellants placed reliance upon the judgment of the Supreme Court in Executive Director, Syndicate Bank v. K.C.Arya . A perusal of the same discloses that, in case the relevant Service Regulations or Rules provide for imposition of major punishment of stoppage of increments with cumulative effect, without conducting enquiry, the same cannot be treated as invalid. That, however, is not the case here. The Regulations are silent about the imposition of punishment of stoppage of increments with cumulative effect. Therefore, the judgment in K.C.Aryas case (2 supra) cannot be treated as precedent to sustain the imposition of punishment of stoppage of increments with cumulative without conducting any enquiry. We do not find merits in the writ appeal.