High Court dismissed the writ appeal against an order upholding punishment for a workman where the Single Judge held the penalty for safety violation was disproportionate and modified it to stoppage of increments.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRlT APPEAL NO: 818 oF 2009
Writ Appeal under clause 15 of the Letters Patent against the order dated 29-3-2002 in WP No. 35690/1997 on the lile of the High Court.
Between:
...APPELLANT(S)
AND
G. Sudhakar Rao, S/o. G. Posham, Ryo: Qtr no: 48, 'D'type, Bellampalli, Adilabad District.
...RESPONDENT
l.A. NO: 1 OF 2009(W P. NO: 1596 OF 2009)
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 stay the operation of the order dated 29.03.2007 in W.P.No.35690 of 1997 pending d isposal of this appeal.
Counsel for the Appellant(s) : SRl. J. SREENIVASA RAO(SC FOR SCCL)
Counsel for the Respondent : SRl. K. VASUDEVA REDDY
The Court DELIVEREO the following : JUDGMENT
\
THE HON'BLETLIE CHIEFJUSTICE SATISH CLIANDRASHARMA
AND
THE HON'BLE SRIJUSTICE ABHINAND KUMARSHAVILI
1VRIT APPEAL No.818of2OO9
JUDGMENT: Petthe Hon'ble theChiefJls,iceSarish ChandraSharma)
The present writappeal is arising out of order dated 29.O3.2OO7passedin W.P'No.3569Oof 1'997.
The facts of the casereveal that the respondent-employee was appointecl as aBadli-filler and was promoted as Shot-firer On in 1976 ancl later onas Head-OvermaninI99O ' 27.05.1997 , vrhenhe was in the secondshift duty an accident took place resuitingin death of DeviMallaiah on accountof fal1 of roof and it was therespondent-employee, who was charge sheeted allegingviolation of Regulation +3(8)(a) and 190 of Coal Mines Regulations, 1957.He did submit a reply to the charge sheet issued to him andthereafter,an order waspassed reverting him. to thepost of Overman, Grade-B fromOverman, Grade-A. The learnedSingle Judge has arrivedat a conclusion that the punishmentimposedupon the employeewas shockingly disproportionatelyto his guilt and it was also held that he coulcl not havebeen heldresponsiblefor the death of the co-workman. Themost importantaspect of the case is that
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the punishment order was stayed during the pendency of the writ petition and the workman has now attained the age of superannuation. The learned Single Judge has modified the punishment of reversion from Overman Grade-A to Overman Grade-B to that of stoppage of three increments with cumulative effect.
This Court, after careful consideration of the order passed by the learned Single Judge and in the light of .the fact that the workman could not have held responsible for the death of coworkman and also keeping in view the fact that the punishment was disproportionate to the guilt of the workman, is of the opinion that the order passed by the learned Single Judge does not warrant any interference.
Accordingly, the writ appeal is dismissed.
Miscellaneous petitions, if any, shall stand closed. There
shall be no order as to costs.
\
SD/-A.V.S.S.C.S.M SARMA OEPUry REGISTRAR //TRUE coPY// 1]ll sec/r5#-orrrcen To 1 One CC to SRl. J. SREENIVASA RAO(SC FOR SCCL), Advocate. IOPUC] 2 One CC to SRl. K. VASUDEVA REDDY, Advocate. IOPUC] 3 Two CD Copies 4 One Spare Copy TR
E
HIGH COURT
DATED: 1 8/0 212022
ORDER
WA.No.818 of 2009
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DISMISSING THE WRIT APPEAL wlTHouT cos]-s
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The Singareni Collieries Company Limited
G. Sudhakar Rao
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
