This judgment set aside departmental proceedings imposing a one-year deferment of annual increment with cumulative effect, as the punishment was levied without holding a mandatory departmental enquiry, and allowed the writ petition.
The impugned proceedings were set aside and the writ petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APHC010116912011
[3457]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY ,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18130/2011
Between:
K.v.naidu, Visakhapatnam District.
...PETITIONER
AND
The Apsrtc Hyderabad 3 Others and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.S M SUBHAN
Counsel for the Respondent(S):
1.N SRIHARI ( SC FOR APSRTC )
The Court made the following:
Heard learned counsel for the petitioner and learned Standing counsel
for the respondents.
The petitioner is aggrieved by the punishment imposed by the respondent imposing deferment of annual increment for a period of one year
with cumulative effect vide Proc No.Steno\62(56)\95, Paderu, dated 06.10.1999. The petitioner was appointed as a Conductor in the year, 1993
he faced the allegations of cash and ticket irregularity. A departmental enquiry was initiated and the petitioner was held liable for the said charges and accordingly the punishment of withholding annual increment for a period of one year with cumulative effect was imposed on 06.10.1999.
1 1990 Law Suit (SC) 508
2 1995 Supp (4) SCC 434
3 1995 Supp. (4) SCC 433
petitioner is entitled for.
allowed. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUSTICE HARINATH.N
Date: 07.11.2024 RMD
208
THE HON’BLE SRI JUSTICE HARINATH.N
WRIT PETITION No.18130 of 2011
Date: 07.11.2024
RMD
2 issues framed by the court
Whether imposition of punishment for withholding annual increment with cumulative effect without a departmental enquiry violates procedural fairness.
Whether mandatory benefits entailed by denying such punishment are to be extended to the petitioner.
Colour shows how this judgement treated each authority
Kulwant Singh Gill vs. State of PunjabRelied on¶26
1990 Law Suit (SC) 508
State of Himachal Pradesh and Another vs. Pran Nath Anand and AnotherRelied on¶26
1995 Supp (4) SCC 434 · Who else cites this
Mohinder Singh vs. State of Punjab and othersRelied on¶26
1995 Supp. (4) SCC 433 · Who else cites this
K.v.naidu
The Apsrtc
Harinath.N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
