The High Court dismissed the writ appeal filed by TSRTC against the single judge's order moderating punishment for unauthorized absence. The Court upheld the reduction of original removal order to stoppage of increments without cumulative effect as proportionate.
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.
H,GH COURT FO iT [?S rrJfJiDo
F rE LA N GA NA
MONDAY, THE TWEI F N o vE M B E R rwo rn o ull'(r 3 it-TflrrA,"ro
PRESENT
THE HON'BLE THE CHIEF rH E Ho N, B LE s R J uJsursdtB:'Ji:: r:H"::,'#-*
WRIT APPEAL NO: 40s oF 2019
writ Appear under crause '15 0f the Letters patent preferred against the order dated 2311012018 in W.P.No. 23962 of 2004 on the file of the High Court.
Between:
AND
...APPELLANTS/RESPONDENTS
M.N.Reddy,, S/o_Seetharam Reddy Occ Driver, E 2711BS, Aged about 60 years, R/o. Ir/eerbagh 9qlony, Hyderabaci Road, Near Ir/.N.Reddy Clhicken Centre, opposite Mytri college' Nalgonda District
.RESpoNDENr/pETrroNER
lA NO: 3 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to suspend the order dt.23.10.2018passed in W.P.No.23962 ol 2004pending disposal of the Writ Appeal
Counsel for the Appellants: SRI A. RAVI BABU(SCFOR TSRTC)
Counsel for Respondent: SRI G. RAVI MOHAN
The Court delivered the following: JUDGMENT
THE HON,BLETHECHIEFJUSTICE SATISHCHAND RA AND
THE HON ,BLE SRI JUSTICE A.RAJ REDDY
WRIT APPEALNo.4O5 of 2019
JUD GMENT: lPerthe Hon'ble the ChiefJusttceSatish ChandraSharma)
The present writ appealis arising out of the order dated 23.10.20 18passed by the learned SingleJudge in W.P.No.23962 of 2OO4.
The undisputed facts of the case reveal thatthe respondent was absent from 06.06.200 1 to 25.06.2OO1. An enquiry took place in the matter and a punishment of removal from service was inflicted upon him on 13.09.2001. Challenging the sarne, an appeal was fi1ed, which was rejected. Thereafter, a review petition was preferred and the reviewing authorigr has modified the order of punishment by moderating to stoppage of three increments with permanent effect for one year, against which the writ petition was preferred. The learned Single Judge has passed an order again by moderating the punishment as stoppage of three increments without cumulative effect. The employer is aggrieved by the order passed by the learned Single Judge.
This Court has carefully gone through the order passed by the reviewing authority as well as the order
passed by the .learned Sing.le Judge. Undisputedly, for absence from 06.06.2001 to 25.06.2001, punishment shockingly disproportionate to the guilt of the employee was inflicted upon him and therefore, keeping in view the totality of circumstances and as it was a case of absence from 06.06.2001 to 25.06.2OOl only, the learned Single Judge was justified in moderating the punishment to that of stoppage of three increments rvithout cumulative effect. This Court does not lind any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordinglv dismissed. The miscellaneous applications pending in this writ appeal, if any, shal1 stand ciosed. There shal1 be no order as to costs.
SD/. M,SANTHIVARDHANI JOINT REGISTRAR
//TRUE COPY//
SEGTION OFFICER
To,'1. One CC to Sri A Ravi Babu(SC FOR TSRTC) Advocate [OPUC] 2. One CC to Sri G Ravi MohanAdvocate IOPUCI 3. Two CD Copies 4. One Spare CoPY I\4BC GIVN
HIGHGOURT- "
DATED: 2211112021
3
( tr iAr{
A
q
a7
g 0g DECzc?l ).
-!.
,'.
i'c^*,.'
JUDGMENT
WA.No.405 of 2019
DISMISSING THE WRIT APPEAL
2(-
WITHOUT COSTS
7rv(
2 issues framed by the court
Whether the High Court was justified in moderating the punishment for unauthorized absence to stoppage of increments instead of removal from service.
Whether the single judge's order moderating the punishment to stoppage of three increments without cumulative effect warrants interference.
TSRTC
M.N. Reddy
S. SATISH CHANDRA SHARMA
A. R. REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
