APHC010081352012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32120 OF 2012 Between: S.V.Avatharam …Petitioner AND A.P.S.R.T.C. Rep. by its Managing Director, Musheerabad, Hyderabad And three others. …Respondents Counsel for the Petitioner: Sri S.M.Subhan Counsel for the Respondents: Sri Vinod Kumar Tarlada The Court made the following order: 1. The petitioner is challenging the proceedings, dated 19.06.2012, whereby the 3rd respondent modified the initial punishment of dismissal from service by imposing the punishment of postponement of annual increment for a period of two years with cumulative effect besides treating the period of suspension as ‘not on duty’. -2- W.P. No.32120 of 2012 2. The petitioner was working as a conductor in the respondent corporation. On 02.10.2011, the petitioner was involved in cash and ticket irregularity, for which an enquiry was conducted on the charge that the petitioner had issued a ticket worth Rs.15/- instead of issuing a ticket worth Rs.18/-. It is stated that the petitioner had collected the requisite payment, however, with a fraudulent intention issued a ticket for a lesser value. In that regard, an enquiry was conducted, and the Depot Manager punished the petitioner with the punishment of removal from service, which was issued on 24.05.2011. The petitioner filed an appeal before the appellate authority, wherein the appellate authority modified the punishment of removal from service and the petitioner was reinstated into service with deferment of two annual increments besides the period of suspension as ‘not on duty’. 3. The learned counsel for the petitioner submits that the respondents could not have issued multiple punishments for a single misconduct and it is submitted that the petitioner has not misappropriated any amount. 4. The learned standing counsel appearing for the respondents submits that the petitioner failed to issue a ticket worth -3- W.P. No.32120 of 2012 Rs.18/- after collecting the requisite fair. This would indicate the fraudulent intention on the part of the petitioner and that it was also established in the enquiry. It is also submitted that the appellate authority has taken a lenient view, keeping in view the past service of the petitioner and that the cash and ticket irregularity is a serious offence which is viewed seriously by the respondent, and appropriate action would be initiated against the employee, who is charged with cash and ticket irregularity. 5. As seen from the proceedings of the Depot Manager, dated 24.05.2011, the disciplinary authority has concluded that the charges levelled against the petitioner were proved. The explanation submitted by the petitioner was also considered as an afterthought, and the disciplinary authority imposed the punishment of removal from service. The appellate authority has considered the issue and observed that the petitioner was charged for cash and ticket irregularity for the first time. It also considered the service record of the petitioner and felt that it was an appropriate case for reinstating the petitioner into service. Admittedly, the petitioner issued a ticket of lesser denomination though appropriate fare was collected. The -4- W.P. No.32120 of 2012 appellate authority has taken into consideration the past record of the petitioner and modified the punishment. However, the appellate authority has imposed two punishments viz., withholding annual increment for two years with cumulative effect and treating the period of removal as ‘not on duty’. The appellate authority could not impose multiple punishments for a single offence, and this Court feels it appropriate to modify the punishment imposed by the 2nd respondent vide proceedings, dated 19.06.2012, to the effect of deferment of an annual increment of two years without cumulative effect. The rest of the order would stand upheld. 6. Accordingly, the writ petition is disposed off. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH. N BV