Dismissed

R. Srinivasa Setty, v. The Depot Manager, Apsrtc

Telangana HC7 Nov 2014WA/196/2006

Case brief

AI extract

What is this about?

This court dismissed a writ appeal where the appellant challenged a show cause notice issued under the departmental inquiry process. The court held that the filing was meaningless as only one proposed punishment was actually imposed and the appeal did not deserve consideration.

What did the court decide?

Writ appeal dismissed. Miscellaneous petition disposed of. No order as to costs.

R. Srinivasa Setty, Vs The Depot Manager, Apsrtc — Service and Employment | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.A.No.196 of 2006

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JUDGMENT: (Per LNR,J)

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The appellant is employed as a conductor in the APSRTC. A charge sheet was issued to him on 26.12.1997 alleging certain acts of misconduct, pertaining to cash and ticket irregularities. The allegation was that he failed to collect fare and issue tickets. In the departmental enquiry, the charge was held proved.

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The Depot Manager, respondent herein issued a show cause notice dated 09.04.1998 proposing the punishment of stoppage of two increments, which shall have the effect of postponing the future increments and treating the period of suspension as not on duty. The appellant submitted his explanation. Taking the same into account, the respondent passed an order, dated 02.06.1998 dropping the proposal to impose the punishment of stoppage of increments, but directing that the period of suspension shall be treated as not on duty.

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The appellant filed W.P.No.306 of 2006 challenging the show cause notice, dated 09.04.1998. The learned Single Judge dismissed the writ petition through order, dated 06.01.2006 on the ground of laches. Hence, this appeal.

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Heard learned counsel for the appellant and

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learned counsel for the respondent.

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The filing of writ petition against the show cause notice, even after an order of punishment was passed, was totally meaningless. Though two punishments viz., (i) stoppage of increments; and (ii) treating of the period of suspension as not on duty, were proposed, through the show cause notice, only one i.e., the latter was imposed. Curiously enough, the appellant has chosen to challenge the show cause notice. Whether from the point of view of laches or on merits, the appeal does not deserve consideration.

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The writ appeal is accordingly dismissed. The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.

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____________________ L.NARASIMHA REDDY, J

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______________________ CHALLA KODANDA RAM, J

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Date: 07.11.2014 JSU

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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W.A.No.196 of 2006

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Date: 07.11.2014

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JSU

R. Srinivasa Setty, v. The Depot Manager, Apsrtc

Case brief

What is this about?

What did the court decide?

R. Srinivasa Setty, v. The Depot Manager, Apsrtc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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