APHC010734812018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35517/2018 Between: 1. SMT D.SRI DEVI BAI, E-625864, APSRTC CONDUCTOR, W/O. BALU NAIK, AGED ABOUT 33 YEARS, MARKAPUR DEPOT, R/O. MARKAPUR, MARKAPUR, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE A P S R T C, REP BY ITS MANAGING DIRECTOR, PNBS, VIJAYAWADA, KRISHNA DISTRICT, AR 2. THE REGIONAL MANAGER, A.P.S.R.T.C., PRAKASAM REGION, ONGOLE, PRAKASAM DISTRICT 3. THE DEPOT MANAGER, A. P.S. R.T.C., MARKAPUR, PRAKASAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. SANISETTY VENKATESWARLU SC FOR APSRTC The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the respondents in imposing the punishment of deferment of annual increments for a period of 2 years with cumulative effect, besides treating the suspension period as not on duty was imposed by the DM vide proc No.02/95(35)/2015- MRKP,Markapur Dt.01.08.2015, and the same was confirmed by the Appellate and Review authorities, vide Proc No.Steno/19(200)/15-Dy.CTM, Ongole, Dt-28-12-2015 and Proc No.PA/675(26)/2016-RM(0), Ongole, Dt.16-06-2016, which is unjust and arbitrary capricious, unconstitutional, and as such liable to be set 2 aside in the interest ad justice with a consequential direction to the respondents to re-fix the pay of the petitioner by duly adding the deferred increments forthwith.” 2. When the matter is taken up for hearing, Sri S.M.Subhan, learned counsel for the Petitioner would submit that the Petitioner has been working as a Conductor in APSRTC. While so, the Petitioner was suspended from service on the allegation that she collected Rs.50/- from a woman passenger towards bus far, but failed to issue ticket to her. Learned counsel would further submit that, after enquiry as there was no misconduct on the part of the Petitioner, she was reinstated into service, however, a punishment of deferment of two annual increments with cumulative effect was imposed against the Petitioner and the same was confirmed by the Appellate and the Review Authorities. Learned counsel would further submit that the punishment which was awarded to the Petitioner is disproportionate to the alleged misconduct. Learned counsel would finally pray to allow the petition by setting aside the impugned order to the effect of imposing penalty of two increments with cumulative effect. 3. Sri Sanisetty Venkateswarlu, learned Standing Counsel for APSRTC would submit that, it is not the case that Respondent-Authorities have not followed the procedure under law. Learned Standing Counsel finally submits that, viewed from any angle, there are no circumstances warranting interference of this Court. 4. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned counsel for the Petitioner, 3 nothing is attributed against the Petitioner that, with a malafide intention she has not issued ticket to the passenger by collecting Rs.50/- from her. It is the contention of the learned counsel for the Petitioner that the explanation submitted by the Petitioner that the passenger had misplaced her ticket and with a fear of fine, she deposed falsely to the checking officials by making the Petitioner as a scapegoat. In that view, awarding punishment of reduction of two increments with cumulative effect, is disproportionate to the alleged misconduct of the Petitioner. Hence, the matter requires indulgence of this Court. 5. Accordingly, the Writ Petition is disposed of by modifying the punishment of two annual increments with cumulative effect to without cumulative effect. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:10.04.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.35517 of 2018 Dt.10.04.2025 Dinesh