Dismissed

The Depot Manager, Apsrtc, Gadwal Bus Depot, v. v.G.K.Rao

Telangana HC22 Dec 2014WA/830/2007

Case brief

AI extract

What is this about?

A Writ Appeal filed by the State challenging the reduction of a major departmental punishment from deferment of annual increment with cumulative effect to one without cumulative effect. The High Court dismissed the appeal, noting the original punishment was invalid due to lack of enquiry.

What did the court decide?

The writ appeal and miscellaneous petition were dismissed. No order as to costs.

The Depot Manager, Apsrtc, Gadwal Bus… — Labour and Industrial Disputes | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

¶2

W.A.No.830 of 2007

¶3

JUDGMENT : (per LNR,J)

¶4

The respondent is a Conductor in the APSRTC. On 21.11.1992, the bus driven by him was involved in an accident. Therefore, disciplinary proceedings were initiated by issuing a charge sheet. The respondent submitted his explanation. The appellant passed an order, dated 22.01.1993, imposing the punishment of deferment of annual increment for a period of one year with cumulative effect, against the respondent. The appeal preferred before the appellate authority was rejected.

¶5

The respondent filed W.P.No.14073 of 2006 before this Court, challenging the order of punishment. The grievance was that major punishment of deferment of annual increment for a period of one year with cumulative effect was imposed. The learned Single Judge partly allowed the writ petition, through order, dated 13.07.2006, directing that the punishment shall be treated as the one without cumulative effect. The said order is challenged in this writ appeal. Heard learned counsel for the appellant and learned counsel for the respondent.

¶6

It is not in dispute that no departmental enquiry was conducted against the respondent, before the punishment of deferment of increment with cumulative effect, was imposed. It is fairly well established that the punishment of deferment of increment with cumulative effect is treated as major penalty. The same can be imposed only after conducting the departmental enquiry. Admittedly, no such enquiry was

¶7

conducted. Strictly speaking, the entire order of punishment is liable to be set aside. However, the learned Single Judge, obviously, taking into account the delay in filing the writ petition, has given a quietus to the issue by treating the punishment to be as the one without cumulative effect. We do not find any ground to interfere with the order under appeal.

¶8

The writ appeal is accordingly dismissed. There shall be no order as to costs.

¶9

The miscellaneous petition filed in this writ appeal shall also stand disposed of.

¶10

______________________ L.NARASIMHA REDDY, J

¶11

_________________________ CHALLA KODANDA RAM, J

¶12

Date: 22.12.2014 JSU

¶13

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

¶14

W.A.No.830 of 2007

¶15

Date: 22.12.2014

¶16

JSU

The Depot Manager, Apsrtc, Gadwal Bus Depot, v. v.G.K.Rao

Case brief

What is this about?

What did the court decide?

The Depot Manager, Apsrtc, Gadwal Bus Depot, v. v.G.K.Rao

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.Sb.Zahida begum, Vs The Commisioner of Income-Taxes-Vi

P. Rama Rao Vs G. Prabhanjana Rao

Commissioner of Income tax Vs M/s. M. Veerabhadra Rao and Others

Dada Khalandaria Muslim Minorities Educational and Vs Government of Andhra Pradesh

Insurance Regulatory and Development Authority, Vs M.Vinay Kumar

Insurance Regulatory and Development Authority, Vs Shri Kamal Chowla