N.RAMULU Vs. DEPOT MANAGER

JUDGEMENT

(1.) Heard Sri P. Venkateshwar Rao, learned counsel for the petitioner and Sri Gaddam Srinivas, learned Standing Counsel for the respondents.

(2.) This writ petition is filed under Article 226 of Constitution of India seeking a Writ of Mandamus to declare the action of the respondents in imposing the punishment of deferment of petitioner's annual grade increment for a period of two years with cumulative effect, which shall have effect on his future increments, treating the suspension period as 'not on duty', as bad, arbitrary, illegal, unjust and unreasonable by setting aside the final order No. 02/95(57)/2004-MLG, dtd. 6/1/2005 passed by respondent No.1.

(3.) Brief facts of the case are that the petitioner was appointed as a "Conductor" in the respondents Corporation. While he was performing his duties at Mirylaguda bus depot on 30/8/2004 en route Dachepally- Miryalguda on bus bearing No.AP 24 U 4569 conducted by the petitioner near Gamalapadu Stage No.9 and observed certain serious cash and ticket irregularities committed by the petitioner. Thereafter, a charge sheet dtd. 17/9/2004 along with suspension order were issued and later a formal enquiry was conducted and final order No.02/95(57)/04-MLG, dtd. 6/1/2005 was passed by the 2nd respondent by imposing punishment of withholding of his annual increment for a period of two years with cumulative effect and the period of suspension is treated as 'not on duty'.