APHC010028042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1525/2025 Between: 1. A NAGABHUSHANAM, E-427688, APSRTC DRIVER KOILAKUNTLA DEPOT, S/O.TIRUPALU, AGED 45 YEARS, R/O. KOILAKUNTLA, KURNOOL DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, R AND B DEPARTMENT, SECRETARIAT, AMARAWATHI, VELAGAPUDI, KRISHNA DIST, AP. 2. THE A P S R T C, REP BY ITS MANAGING DIRECTOR, PNBS, VIJAYAWADA, KRISHNA DISTRICT, AP. 3. THE REGIONAL MANAGER/DPTO A P S R T C, KURNOOL REGION, AT KURNOOL, KURNOOL DISTRICT, AP. 4. THE DEPOT MANAGER A P S R T C, KOILAKUNTIA DEPOT, KURNOOL DISTRICT, AP. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to an order or direction more particularly one in the nature of writ of 'MANDAMUS' declaring the action of the respondents in imposing the punishment of Reduction of Basic pay by 2 incremental stages with cumulative effect vide Proc No.01/243(5)/2021-KKL, Dt.23-12-2021, is illegal, capricious, Violative of principles of natural justice, contrary to well SRS,J W.P.No.1525 of 2025 established principles of law, and as such liable to be set aside in the interest of justice and to pass IA NO: 1 OF 2025 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 Suspend the punishment of Reduction of Basic pay by 2 incremental stages with cumulative effect vide Proc No.01/243(5)/2021-KKL, Dt.23-12-2021, by directing the respondents to restore the pay of the petitioner pending disposal of the W.P, and pass Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR TRANSPORT The Court made the following: :: ORDER :: The above writ petition is filed impugning the proceedings issued by respondent No.4 vide No.O1/243(5)/21-KKL, dated 23.12.2021 (Ex.P1), whereby the punishment was imposed against the petitioner (reduction of pay by two incremental stages with cumulative effect), as illegal and arbitrary. 2. Heard Sri S.M. Subhan, learned counsel for the petitioner and Sri B. Praveen, learned counsel representing Sri A. Rama Rao, learned Standing Counsel appeared for respondents 2 to 4. 3. Learned counsel for the petitioner would submit that the petitioner was appointed as a Driver in 2009 and presently working in respondent No.4 Depot. A complaint was filed by a co-employee against the petitioner alleging that the petitioner attended the duty in intoxicated condition. A charge sheet was issued to the petitioner vide No.O1/243(5)/21-KKL, dated 24.09.2021 SRS,J W.P.No.1525 of 2025 (Ex.P3). The petitioner submitted an explanation. The respondent authorities, without considering the explanation, imposed a penalty by the proceedings impugned. 4. On the other hand, learned Standing Counsel, would submit that against the order passed by respondent No.4, an appeal would lie to respondent No.3. Without availing the effective alternative remedy, the petitioner approached this Court with a delay. 5. In reply, learned counsel for the petitioner would submit that the petitioner will file an appeal before respondent No.3. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to file an appeal before the respondent No.3 against the proceedings issued by respondent No.4 vide Ex.P1. If such an appeal is filed, respondent No.3 shall consider the same and pass appropriate orders, strictly as per law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 23.01.2025 TVN SRS,J W.P.No.1525 of 2025 177 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.1525 OF 2025 Date : 23.01.2025 TVN