LAWS(APH)-2008-6-89

D PURUSHOTTAM RAO Vs. ASSISTANT GENERAL MANAGER

Decided On June 24, 2008
D.PURUSHOTTAM RAO Appellant
V/S
ASSISTANT GENERAL MANAGER (ADMN.) Respondents

JUDGEMENT

(1.) THIS writ petition is filed seeking a writ of mandamus declaring the impugned order no. TA/sta/56/1 -4/94/24, dated 12. 12. 1995 issued by the Assistant General Manager (Admn.) O/o. the Chief General Manager, telecom, A. P. Circle, Hyderabad and the appellate order No. TA/sta/56/2/1/96, dated 30. 12. 1996 issued by the Deputy General manager (Admn.) O/o. the Chief General manager, Telecom, A. P. Hyderabad, which has been affirmed by the Central administrative Tribunal Hyderabad Bench, hyderabad in O. A. No. 633/97 dated 17. 03. 1999 and in Review R. A. No. 33/99 in o. A. No. 633/97 dated 01. 07. 1999, as illegal, arbitrary, discriminatory and violative of articles 14, 16 and 21 of the Constitution and consequently declare that the punishment of withholding of one increment with cumulative effect vide order No. TA/sta/ 56/1-4/94/26, dated 12. 12. 1995 and the appellate Order No. TA/sta/56/2-1/96, dated 30. 12. 1996 as null and void.

(2.) THE grievance of the petitioner is that he was appointed as Telecom Office assistant in the Department of telecommunications w. e. f. 01. 12. 1978 and since then he was working in the said post without any complaints. Later, after completion of 16 years of service first time bound promotion was given pursuant to the judgment dated 16. 09. 1998 in O. A. No. 593 of 1997. While so, respondent No. 1 has placed him under suspension contemplating disciplinary proceedings against him. However, the order of suspension was revoked by order dated 03. 01. 1995.

(3.) RESPONDENT No. 1 by his proceedings dated 03. 01. 1995 issued a charge memo to the petitioner. The misconduct alleged against him is as under:-