U.Narasimhulu Vs the High Court of Judicature,at Hyderabad & Another

U. Narasimhulu S/ o.Gangaiah, Aged about 59 years, Occ:Record Asst. (Retd.), O/o. Judicial Magistrate of I Class, Kota, SPSR Nellore District, R/ o. Near Gandhi Statue, Kota, Kota Mandal, SPSR Npllore^District.

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...Petitioner

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AND

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The High Court of Judicature, At Hyderabad, For the State of Telangana & The State of Andhra Pradesh, Rep. by its Registrar (Admimstration), Hyderabad.

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The Principal District & Sessions Judge, Nellore,^SPSR Nellore District.

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...Respondents

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling the records pertaining to the orders of the respondent No.1 in passing the orders vide Order in

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D(D)A.NOS.39 & 40/2012,0.4 (Con.), Dt; 25-10-2013,^{inimposingpunishment} of stoppage of two annual increments of pay of the petitioner without cumulative effect, by confirming the orders of the^{respondentNo.2partly,in} which the stoppage of two annual increments of pay^{ofthepetitionerwith} cumulative effect was ordered in Departmental Enquiry^{No.7of2011,Dt;5-3-} 2012, is as illegal, arbitrary, unjust and against^the Principles of Natural Justice, consequently quash the same.

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lA NO: 1 OF 2014(WPMP 45521 OF 2014

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Petition under Section 151 CPC is filed praying that^{inthecircumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order in D(D)A.NOS.39 40/2012,C.4^{(Con.),Dt:25-10-} 2013, passed by the Respondent No.1, pending disposal^{oftheaboveWrit} Petition.

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Counsel for the Petitioner: SRI G JAGADEESWAR

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Counsel for the Respondents: SRI K SRINIVASA RAO

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The Court made the following order:

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'

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APHC010041112014

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3541] (Special Original Jurisdiction) c

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THURSDAY. THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

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WRIT PETITION NO: 36358/2014

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Between:

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1.U.NARASIMHULU, S/ O.GANGAIAH, AGED ABOUT 59 YEARS, OCC;RECORD ASST.(RETD.), O/O.JUDICIAL MAGISTRATE OF I CLASS, KOTA, SPSR NELLORE DISTRICT, R/ O. NEAR GANDHI STATUE, KOTA, KOTA MANDAL, SPSR NELLORE DISTRICT. ^

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...PETITIONER

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AND

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1.THE HIGH COURT OF JUDICATURE AT HYDERABAD ANOTHER, AT HYDERABAD, FOR THE STATE OF TELANGANA 86 THE STATE OF ANDHRA PRADESH, REP. BY ITS REGISTRAR(ADMIMSTRATION), HYDERABAD.

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2.THE PRINCIPAL DISTRICT SESSIONS JUDGE, NELLORE, SPSR NELLORE DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, tiae High Court may be pleased to issue an appropriate writ,^orderor direction more particularly one in the nature of Writ of Certiorari calling the records pertaining to the orders of the respondent No.1 in passing the orders vide Order in D(D)A.NOS.39 86 40/2012,0.4 (Con.), Dt:25-10-2013, in imposing punishment of stoppage^oftwo annual increments of pay of the petitioner without cumulative effect.

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2

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•i RRRJ&JSJ by confirming the orders of the respondent No.2 partly, in whichThe stoppage of two annual increments of pay of the petitioner with cumulative effect was ordered in Departmental Enquiry No.7 of 2011, Dt;5-3-2012, is as illegal, arbitrary, unjust and against the Principles of Natural Justice, consequently quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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LA NO: 1 OF 2014fWPMP 45521 OF 2014)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition the High Court may be pleased to suspend the Order in D(D}A.NOS.39 40/2012,C.4 (Con.), Dt:25-10-2013, passed by the Respondent No.1, pending disposal of the above Writ Petition; and p»ss such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner:

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1.G JAGADEESWAR

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Counsel for the Respondent(S):

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1.K SRINIVASA RAO

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This Court made the following;

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5

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RRRJSJSJ W-P.NO.3635S/20I4

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ORDER: (Per Hon'ble Smt. Justice Sumathi Jagadam)

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The petitioner was initially appointed as a Process Server and retired from service on 31.08.2013 as a Record Assistant. The petitioner, while working in the Court of the Judicial Magistrate of First Class, Kota, applied for casual leave from 02.09.2010 to 03.09.2010. During the said period, the deposition^{ofP.W.5inC.C.} No. 9 of 2002 and the examination of the accused under Section 251 of Cr.P.C. in C.C. No. 48 of 2009 were found to be missing. The Enquiry Officer, in his report dated 16.11.2011, held both the delinquents, i.e., Smt. N. Vanaja, Senior Assistant, and the petitioner guilty of missing the documents. Based on the report submitted by the Enquiry Officer, the Principal District^andSessions Judge, Nellore, by order dated 05.03.2012, imposed punishment of withholding of two annual increments of pay with cumulative^effect. The petitioner filed an appeal before the 1 St respondent. On 25.10.2013, the 1®‘ respondent modified the punishment^tothatof stoppage of two annual increments without cumulative effect. Aggrieved by the said orders, the petitioner has filed the presentwrit petition.

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Heard Sri G. Jagadeeswar, learned counsel for the petitioner and Sri K. Srinivasa Rao, learned Standing Counsel for the respondents and perused the record.

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RRRJ&JSJ W.P.No.36358/2014

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Upon scrutiny, it was observed that the Superintenderrt of the Junior Civil Judge’s Court, Kota, was examined as P.W. 1, and Exs. X.1 to X.5 were marked. Exs. X.1 and X.2 are the entries in the office order register dated 02.09.2010 which show that the petitioner was directed to handle the cri criminal bench work, and Smt. N. Vanaja was directed to supervise the administration of the Court of the Junior Civil Judge, Kota. Ex.X.3 shows the entry in the witness register dated 03.09.2010. Ex.X.4 shows the granting of casual leave to the petitioner on 02.09.2010 and 03.09.2010 . P.W.2, the then Junior Civil Judge, Kota, issued Ex.X.6, a memo dated 23.11.2010, for tracing the deposition of P.W.5 in C.C.No.9 of 2002. Ex.X.10 is the memo dated 22.11.2010 issued by P.W.2 to Smt. N. Vanaja directing her to trace the examination of the accused under Section 251 ofCr.P.C. in C.C.No.48 of 2009. 4. It is evident from Ex.X.4 that the petitioner was granted casual leave on 02.09.2010 and 03.09.2010. Smt. Vanaja was entrusted with the supervision of the administrative work of the Court of the Junior Civil Judge, Kota. In the absence of a finding in the enquiry report about the missing deposition from the Court, imposing punishment of withholding two annual increments of pay with cumulative effect is unjust. Since the petitioner was on leave on the date of the incident, he can be held negligent. However the

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5

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RRRJ & JS.J W.P.NO.36358/20N

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petitioner retired on 31.08.2013, and due to the alleged^incident,he lost the opportunity for promotion. Therefore, this Court finds it appropriate to modify the punishment order dated 25:10.2013^toone increment cut without cumulative effect.

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Accordingly, the Writ Petition is disposed of by modifying^the punishment order dated 25.10.2013 from two increments^cutwithout cumulative effect to one increment cut without cumulative^effect.No order as to costs.

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As a sequel, miscellaneous petitions, if any pending, shall

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stand closed.

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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To

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