HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11273 of 2011 Date: April 21, 2011 Between: K.S.Rayudu … Petitioner And 1. The Regional Manager, APSRTC, Tadipatri Depot, Anantapur District … Respondent This Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11273 of 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the proceedings No.01/118(7)/1998-TDP, dated 29.03.2001, issued by the respondent as illegal and arbitrary and consequently direct the respondent to re-fix the pay of the petitioner by adding deferred increments and to pay arrears. 2. Brief facts are that the writ petitioner has been appointed in the year 1999 as a Driver. While he was performing as such in the Corporation, he was issued a charge sheet, dated 27.07.2000, levelling certain imputations against him. The petitioner submitted explanation to the charge sheet denying the charges levelled against him. Thereby, an enquiry officer was appointed for conducting a regular departmental enquiry, who in turn submitted his report on 19.02.2001 holding that the charges levelled against the petitioner are proved. Basing on the same, the impugned proceedings, dated 29.03.2001, have been issued reducing the basic pay of the petitioner by two incremental stages for a period of two years which shall have effect on future increments. Hence, the writ petition. 3. The charges levelled against the petitioner are as follows: “Charge No.1: For having received regular mamools from the Private Operators on the route Pulivendula during the months January, 1999 and February, 1999 and also you have operated the APSRTC Buses behind the private Buses intentionally thereby helping the private operators to carry overload of passengers with the result the legitimate earnings ought to be received by APSRTC Buses of Tadipatri Depot are looted by private operators and Corporation has sustained losses, which constitutes misconduct under Reg.28(iii) of APSRTC Employees (Conduct) Regulations, 1963. Charge No.2: For having operated the APSRTC Buses behind the private buses during the months of January, 1999 and February, 1999 whereby you have not achieved targets for earning 08 times for 11 duties in January, 1999 and 06 times of 07 duties in February, 1999 with mala fide intention to help the private operators resulting the legitimate earnings by APSRTC on said route was not realized by Tadipatri Depot which clearly reveals that you have accepted the mamools from the private operators and you have given scope to carry over load to the private operators, which constitutes misconduct under Reg.28 (xvii) and (xxxii) of APSRTC Employees (Conduct) Regulations, 1963.” 3. In the similar facts and circumstances, this Court by order, dated 23.06.2010, in W.P.Nos.4596 and 4604 of 2005, allowed the writ petitions setting aside the impugned proceedings therein issued by the 1st respondent therein as confirmed in proceedings No.TY/19(317)/2001/DVM-A, dated 28.09.2002, issued by the 2nd respondent therein; with a direction to the respondents therein to pay the arrears of salary and to re-fix the pay of the petitioners therein, within a period of six weeks from that day. 4. Following the same, this Writ Petition is allowed. It is needless to observe that the respondents herein are directed to pay the arrears of salary and refix the pay of the petitioners. There shall be no order as to costs. ______________ K.C. BHANU, J April 21, 2011. LMV