APHC010756322012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12495/2012 Between: A.s.n. Rasool ...PETITIONER AND The Apsrtc and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) The Court made the following: 2 Order:- The petitioner is challenging the proceedings dated 18.05.2010, the subsequent proceedings dated 08.10.2010, and the proceedings dated 30.05.2011. 2. The petitioner, while working as a driver, was also operating the Ticket Issuing Machine and was charged with cash and ticket irregularity on 08.11.2009. An enquiry was initiated, and the disciplinary authority imposed the punishment of removal from service, vide proceedings dated 18.05.2010. The petitioner filed an appeal before the appellate authority, which was rejected vide proceedings dated 08.10.2010. The reviewing authority, vide proceedings dated 30.05.2011, has directed reinstatement of the petitioner, however, imposed the punishment of deferment of reduction of annual increments by two incremental stages with cumulative effect and also treated the period during which the petitioner was not in service as ‘not on duty’. 3. The learned counsel for the petitioner submits that the respondents have not conducted a detailed enquiry and have passed the orders basing on explanation of the petitioner. It is also submitted that the issue is squarely covered, wherein this Court in W.P.No.7642 of 2021, has modified the punishment, as the respondents had imposed a dual punishment for a single allegation of misconduct. The respondents could not have imposed the punishment of reduction of two incremental stages with cumulative effect without conducting a detailed enquiry. That apart, the further punishment of 3 treating the petitioner as ‘not on duty’ from the day when he was placed under suspension till the day he was reinstated into service. 4. Considering the same and the decision of this Court in W.A.No.440 of 2019, this Court is inclined to modify the punishment as follows: (i) The impugned proceedings dated 30.05.2011, are hereby modified to the following extent i.e. the reduction of two incremental stages shall be without cumulative effect. (ii) The period of absence from the date of removal till the day of reinstatement shall be treated as on duty for notional purposes only. 5. It is made clear that the petitioner shall not be entitled for any back wages for the period during which he was treated as ‘not on duty’. The service period shall be counted for the purpose of notional seniority. 6. Accordingly, this Writ Petition is allowed in part. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 27.01.2025 PNS