THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2392 of 2005 ORAL ORDER : Heard learned counsel for the petitioner as well as the learned Standing Counsel for the respondent-A.P.State Road Transport Corporation. 2. This writ petition is directed against the Award passed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum- Labour Court, Anantapur, in I.D.No.172 of 2001, dated 9.4.2004, whereunder application filed by the petitioner-workman under Section 2(A)2 of the Industrial Disputes Act, 1947 seeking to set aside the removal order passed by the respondent Corporation in proceedings No.PA/95(235)/99-TPT-I, dated 19.1.2000, was answered in favour of the petitioner with certain conditions. Writ petition is filed insofar as imposition of a condition of further punishment of deferment of annual grade increment for a period of two years with cumulative effect. 3. It appears that after conducting an enquiry on the following charges, the petitioner was removed from service by order, dated 19.1.2000. 1. For having failed to account the ticket numbers 080/826244 to 247 of Rs.11/- den in your service SR.5748308 dt.14.10.99 to Tirupati – Chittoor service even though the closing number of the said denominations is 248 at the time of check which constitutes misconduct under Reg.28 (xxxii) of APSRTC Employees (Conduct) Reg.1963. 2. For having reissued with the tickets Nos.835/971231 to 235 of Rs.10- denm., against stage No.1, Tirupati in 10-00 hrs., Tirupati – Pakala trip which were already issued and accounted at stage No.10 Pakala in 08-15 hrs., Pakala – Tirupati trip in S.R.No.5746184, dt.4.10.99 which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg.1963. 4. The Labour Court said that those charges are not proved, but all the circumstances would point out the guilt of the delinquent and the probabilities towards the suspicious misconduct committed by her. However, the Labour Court has directed for reinstatement of the petitioner into service with continuity of service, but without backwages and further directed to impose a punishment of deferment of annual grade increments for a period of two years with cumulative effect. 5. The Labour Court recorded its findings only on the basis of some suspicious misconduct on the part of the petitioner. Therefore, petitioner was imposed with a punishment of deferment of annual grade increments for a period of two years with cumulative effect. This part of the order passed by the Labour Court, having found that the petitioner was not guilty of the charges, may not be proper and proportionate to the misconduct alleged, while recording mere suspicion as to the misconduct alleged. 6. Under those circumstances, while upholding the impugned Award, dated 9.4.2004, passed by the Labour Court, the punishment of deferment of two annual grade increments with cumulative effect is modified to that of the deferment of two annual grade increments without cumulative effect. Further, it is made clear that the petitioner is not entitled for any arrears of salary or monetary benefits. She is entitled only for the sanction of increments on notional basis after completion of two years to till date. 7. With the above observations and directions, the writ petition is disposed of. No order as to costs. _______________________ JUSTICE C.V. RAMULU 03.06.2010. Msr THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2392 of 2005 03.06.2010 (Msr)