APHC010179642012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:30886 OF 2012 Between: P.B. Rao …Petitioner AND The A.P.S.R.T.C. Rep. by its Vice Chairman & Managing Director, Musheerabad, Hyderabad and two others. …Respondents Counsel for the Petitioner: Sri S.M.Subhan Counsel for the Respondents: Sri S.Venkateswarlu The Court made the following order: 1. The petitioner is challenging the proceedings, dated 04.12.2008, of the 3rd respondent, whereby the petitioner was imposed with the punishment of reduction of basic pay be reduced by two incremental stages for a period of two years with cumulative effect. 2. The learned counsel for the petitioner submits that the petitioner, while working as a driver, caused the accident on 30.01.2008, which resulted injuries to a motorcyclist. The charge sheet was -2- W.P. No.30886 of 2012 issued and an explanation was called for. The respondents issued the impugned proceedings on 04.12.2008 without conducting any enquiry. 3. The learned counsel for the petitioner further submits that the punishment of deferment of annual increment for a period of two years with cumulative effect is a major punishment and the same cannot be imposed without conducting enquiry. It is also submitted that the impugned proceedings deserve to be set aside as they evidently violate the principles of natural justice. 4. The learned standing counsel for the respondents submits that the petitioner was appointed as a casual driver on 31.05.1995 and he was decasualized with effect from 01.09.1996. Thereafter he was reappointed on 18.11.2000. It is also submitted in the counter that the petitioner caused the accident on 13.08.1998 while working at Addanki depot; an annual increment was withheld for one year without cumulative effect for desertion of duty on 23.11.2003; an annual increment was withheld for one year without cumulative effect for early arrival to schedule time on 18.05.2004; and also withheld an annual increment for a period of one year without cumulative effect for causing the accident on 24.11.2006. It is also submitted that the petitioner caused an accident resulting injuries -3- W.P. No.30886 of 2012 to a motorcyclist and two pillion riders, and a case under section 338 IPC was registered by the police vide Cr. No.25 of 2008. The learned standing counsel further submits that the petitioner has attained the age of superannuation and that all monetary benefits are paid to him. 5. Heard the learned counsel appearing for the parties. Perused the record. 6. The impugned proceedings would indicate that a show cause notice was issued to the petitioner proposing the punishment of reduction of basic pay by two incremental stages with cumulative effect. The disciplinary authority has relied upon the evidence on record and the circumstances of the case and held that the charges held proved beyond any reasonable doubt and as such, the petitioner was imposed with the punishment of reduction of basic pay by two incremental stages for a period of two years with cumulative effect. 7. Admittedly, the impugned proceedings are issued without conducting any enquiry and also not providing any opportunity to the petitioner. Considering the same, this Court is inclined to modify the impugned proceedings to the extent of withholding the -4- W.P. No.30886 of 2012 annual increment for a period of two years without cumulative effect. 8. With these observations, the writ petition is disposed off. The respondents are directed to release the monetary benefits of arrears, if any, payable to the petitioner on account of modification of the punishment. No costs. 9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH. N BV