T.S.S. REDDY Vs. APSRTC, MAHABOOBNAGAR

JUDGEMENT

(1.) Heard Sri S.M. Subhan, learned counsel for the petitioner and Sri Thoom 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 vide proc.No.02/62 (107)/98-ACPT Achampet dtd. 30/8/1999 passed by respondent No.2, which was confirmed by the review authority vide Proc.No.LC1/ 785(160)/04-RM(MB), dtd. 11/11/2004.

(3.) The facts of the case in a narrow compass are that the petitioner was appointed as a "Conductor" in the respondents Corporation. While he was performing his duties at Achampet bus depot, on 17/9/1998 at about 19-15 hours en route Srisailam-Achampet, a check was conducted after passing Stage No.7, Farahabad some group of people boarded the bus on the way on sight of the TTIs, issued the tickets of Rs.3.00 denomination to a batch of 23 passengers punching the tickets irregularly and accounting the sale proceeds ambiguously and failed to collect the requisite fare of Rs.3.00 each and issued tickets to two passengers in a batch of 23 passengers, who boarded the bus after passing Farahabad and bound for Mannanur ex-stages 7 to 5 and the checking officials found certain ash and ticket irregularities and the petitioner failed to collect requisite ticket fare of Rs.3.00 each and failed to issue tickets to them. Thereafter, a charge sheet dtd. 10/10/1998 along with suspension orders were issued and later a formal enquiry was conducted and final order Proc.No.02/62 (107)/98-ACPT Achampet, dtd. 30/8/1999 was passed by the 2nd respondent 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'.