IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.7688 OF 2011 Date:29.04.2011 Between:- Ch.Pushpanandam .. Petitioner And A.P.S.R.T.C., Rep.by its Managing Director, Hyderabad and others. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of Certiorari to quash the proceedings No.PA/19(65)/07-RM.N., dated 26.08.2008, in so far as not treating the removal period as duty with wages and deferring two increments with cumulative effect as illegal and arbitrary and consequently, to direct the respondents to restore the deferred increments duly treating the removal period as duty with wages along with its consequential benefits. 2. The case of the petitioner is that he joined the service of respondents’ Corporation as Conductor in the year 1997 and his services were regularized with effect from 01.08.1998. Ever since the date of joining the service, he has been working under the control of respondent No.3. As he fell sick, he was absent for his duty and underwent treatment from 14.09.2005 to 04.10.2005. Later, he reported for duty on 05.10.2005 and he was asked to attend the enquiry being conducted by the Assistant Manager (T), Kodad. He attended the enquiry, which was conducted in accordance with the procedure. He was charge sheeted for his absence on 14.09.2005 to 04.10.2005 and his non-availability for duties for 45 days from January, 2005 to September, 2005. After conducting enquiry, he was allowed to discharge his duties. Without furnishing enquiry report and without calling for the objections on the enquiry report, respondent No.3 issued show cause notice of removal, dated 17.11.2005. He submitted his explanation to that effect and continuing in his service. Again he fell sick. He was absent for his duty and took treatment from 12.07.2006 to 31.08.2006. On 01.09.2006, when he reported for duty, he was not allowed to discharge his duties and served the order of removal, dated 31.07.2006, for his absence from 12.07.2006 to 31.07.2006. The said order of removal was based on the report of Assistant Manager (T), Kodad, dated, 31.07.2006. Being aggrieved by the order of removal from service, he preferred an appeal before Divisional Manager, Kodad, dated 22.09.2006, which was rejected vide his order, dated 31.10.2006. He preferred a revision before respondent No.2, who in turn, passed the impugned order, by not treating the period of removal as duty with wages and deferring two increments with cumulative effect. Due to this, he lost increments permanently and two increments for out of service period besides loss of wages for out of service period. Hence, the writ petition. 3. Heard both sides. 4. It is not in dispute that the disciplinary authority or the appellate authority or the appropriate Forum is the appropriate authority to impose the proper punishment in case of misconduct of an employee. It is also equally well settled that the punishment imposed in the departmental proceedings must be in proportionate with the severity of the misconduct. If the punishment is shocking to the consciousness of the Court, the same can be interfered with. The misconduct in this case is absence of twenty days by the petitioner without applying for leave or taking prior permission from the competent authorities. A proper explanation was given for his absence, i.e., ill health. So, considering these aspects, it is not a case of severe misconduct so as to affect the financial benefits of the petitioner throughout his service. Hence, the period of removal shall be treated as on duty for continuity of service and for that purpose, the petitioner shall not claim any monetary benefits by virtue of this order. Similarly, the deferment of two annual increments is modified to that of deferment of two annual increments without cumulative effect. It is made clear that there shall not be any payment of arrears on this ground. This order shall be given effect to prospectively. 5. With the above modification, the writ petition is allowed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.7688 OF 2011 Date:29-04-2011 AMD