IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21566 of 1999 Between: K.Veeranna, s/o. Hussain, R/o. Kurnool Dist. ..... PETITIONER AND 1 The Managing Direcdtor,APSRTC, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Kurnool Region, Kurnool Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a Writ, Order or direction, more particularly one in nature of Writ of MANDAMUS declaring the action of the respondent in issuing the proceedings NO.P1/412(2)/85-JMD, dt.13.3.1987 as wholly illegal, arbitrary and unjust; and consequently direct the respondents to fix the pay of the petitioner by adding increments and to pay the consequential benefits; and pass. Counsel for the Petitioner:MR.G.RAVI MOHAN Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO.21566 OF 1999 ORDER : The writ petitioner was appointed as a Conductor in the A.P. State Road Transport Corporation and by the year 1973 he was working on promotion as Depot Clerk. While he was working as Depot Clerk at Jammalamadugu. While so, a charge sheet dated 27.5.1987 was issued alleging misappropriation of funds. The charges framed were as under: “i) For having failure to account the amounts drawn through cheques/cash to a tune of Rs.14,000/- towards advance double duty/over time for the period from 7-9-1985 to 15-11-1985 in eight occasions. ii) For not incorporating the pay order nos. in the vouchers submitted by him on 20-11-1985 though STI to the Asst. Accountant of the depot. iii) For not submitting the vouchers in time after completion of disbursement of advances of double duty/over time in each case. iv) For having mis-appropriated advance double duty/over time amounts to a tune of Rs.1,941.60 as detailed in the allegations in the charge sheet.” The petitioner submitted his explanation dated 12.6.1986 stating that the amounts were not paid to him directly by the Assistant Accountant nor did he acknowledge on the pay order. Regular domestic enquiry was conducted into the matter by the Depot Manager, Kadapa and the enquiry report dated 5.9.1986 revealed that all the charges framed against the petitioner were held proved. In the circumstances, a show-cause notice dated 29.9.1986 was issued proposing the punishment of reversion to the post of Assistant Depot Clerk for a period of two years. However, after considering the explanation of the petitioner, a lenient view was taken and the punishment was modified to that of deferment of next annual increments for a period of two years. The said order dated 6.1.1987 is under challenge in this writ petition. I have heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the Corporation. Admittedly, it is a case of misappropriation of funds. Ample opportunity was given to the petitioner to explain the charges made against him and a regular enquiry was conducted by the Depot Manager, Kadapa in which all the charges levelled against the petitioner were held to be proved. Nothing could be pointed out by the petitioner to show that the enquiry conducted against him suffered from any irregularity nor there is any allegation of victimization or the enquiry was unfair. As a matter of fact, the punishment initially proposed was modified and under the impugned order it was ordered that the annual increments of the petitioner which next fall due shall be deferred for a period of two years. The said order, which does not suffer from any legal infirmity warrants no interference by this Court in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. No order as to costs. _________________ G. ROHINI, J. MARCH 25, 2009 Tsr