Partly allowed

Sri. M.V. Rao,. v. Andhra Pradesh State Road Transport Corporation

Telangana HC2 Jul 2010WP/15319/2010

Case brief

AI extract

What is this about?

In a writ petition regarding departmental punishment for an accident, the court set aside orders imposing stoppage of increments due to lack of a detailed enquiry. The court modified the penalty to withholding one increment without cumulative effect and restored notionally due increments up to July 1, 2010.

What did the court decide?

Primary and review orders set aside. Punishment modified to withholding one annual grade increment without cumulative effect. Due increments restored notionally up to 01.07.2010.

Sri. M.V. Rao,. Vs Andhra Pradesh State Road Transport… — Domestic Violence | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE C.V.RAMULU

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WRIT PETITION No.15319 of 2010

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Dated: 02.07.2010

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Between: M.V.Rao …Petitioner And Andhra Pradesh State Road Transport Corporation and three others …Respondents

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The Court made the following

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ORDER:

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The petitioner, who is working as Driver in Governerpet-I Depot, Vijayawada, was proceeded departmentally since misconduct of causing of an accident was alleged against him. After issuing a show cause notice and calling for explanation, punishment of penalty of withholding of two annual grade increments for a period of two years with cumulative effect was imposed on the petitioner by respondent No.4, by order dated 22.06.2009. Aggrieved thereby, the petitioner preferred an appeal to respondent No.3, and the latter rejected the same by order dated 27.10.2009. Thereafter, the petitioner preferred a review appeal to respondent No.2, who, by order dated 11.05.2010, modified the punishment imposed by respondent No.4 to that of withholding of one annual grade increment for a period of one year with cumulative effect. Hence, this writ petition.

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The learned counsel for the petitioner submits that no detailed enquiry was conducted by the authorities before imposing the major punishment of stoppage of increments with cumulative effect.

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The law is well settled that when a major punishment of penalty of stoppage of increments with cumulative effect is imposed, the delinquent officer shall be proceeded with after a detailed enquiry is conducted. In this case, admittedly, no detailed enquiry was conducted before imposing the punishment of stoppage of increments with cumulative effect. Therefore, the orders passed by the primary authority on 22.06.2009 and the reviewing authority on 11.05.2010 are

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liable to be set aside. Accordingly, they are set aside. However, it is made clear that the petitioner shall suffer withholding of one annual grade increment without cumulative effect from the date of its imposition. All the increments due to the petitioner till 01.07.2010 shall be restored notionally and it is further made clear that the petitioner is not entitled to any arrears of salary etc., in view of this order.

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Subject to the above, the writ petition is disposed of. No order as to costs.

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______________ C.V.RAMULU,J Dated 2^nd July, 2010 vrn

Sri. M.V. Rao,. v. Andhra Pradesh State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Sri. M.V. Rao,. v. Andhra Pradesh State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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