THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 3467 OF 2011 O R D E R: Heard Sri C. Sunil Kumar Reddy, learned Standing Counsel for APSRTC. The petitioner was appointed as a casual driver. After some time, by an order dated 24.03.2004 passed by the Depot Manager, Gadwal Bus Depot, he was terminated from service on the ground of absenteeism. Subsequently, against the order of termination, he preferred an appeal on 29.04.2004 to the Divisional Manager, Mahaboobnagar, who entertaining the said appeal, passed orders on 28.07.2004 modifying the punishment of removal from service to that of reinstatement into service as a fresh driver. The period of absence was ordered to be treated as not on duty. It is appropriate to notice that ordering reinstatement into service and treating him as a fresh driver both do not go together. Appointing a driver afresh is not one of the listed punishments in Regulation 8 of the APSRTC Employees’ (Classification, Control and Appeal) Regulations. It is a settled principle of law that no disciplinary or appellate or reviewing authority can impose upon an employee a punishment which is not one of the listed punishments. Therefore, that portion of the order of the appellate authority, which used the words “as fresh driver” cannot be sustained in law. It is therefore, appropriate to delete the same from the order of the appellate authority namely the Divisional Manager, Mahaboobnagar, dated 28.07.2004. The petitioner shall not be entitled to any benefits from the date of removal i.e. 24.03.2004 till he rejoined duty pursuant to the order of the Divisional Manager passed on 28.07.2004. The petitioner will be entitled to count the past service rendered by him prior to his removal for the purpose of continuity benefits. The petitioner however has contributed quite liberally for the delay and hence, he shall not be entitled to any monetary benefits arising from out of this judgment. The service rendered by him prior to the date of imposition of the punishment of removal by the Depot Manager will be counted along with the service rendered by him, pursuant to the order of reinstatement passed by the Divisional Manager, Mahaboobnagar on 28.07.2004 for all benefits including the terminal benefits. With this, the Writ Petition stands allowed. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 11th February 2011 ksld