IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 12994 of 2006 Between: D.Gopalaiah S/o.Narayana Swamy R/o.19-12-525, Bairagipatteda Tirupati, Chittoor District ..... PETITIONER AND 1 The Government of A.P., rep.by its Principal Secretary Revenue (Endowments-III)Department, Secretariat,Hyderabad 2 The Chairman, Board of Truestees, Tirumala Tirupati Devasthanam, Tirupathi, Chittoor District 3 The Executive Officer, T.T.Devasthanams, Tirupathi Chittoor District .....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 issue a writ order or direction especially one in the nature of writ of mandamus declaring that the order of the Board of Trustees in Res.No.270 dated 27/28.8.2003 and proceedings in Roc.No.B2/8804/2003 dated 4.9.2003 of the E.O., T.T.D. and the order of the A.P.State Govt in Memo Roc.No.46820/Endt.III/2003-10, dated 15.12.2005 are illegal, arbitrary, and violative of the provisions of the Articles 14,16 and 21 and 311 of the constitution of India and pass Counsel for the Petitioner: MR.M.SURENDER RAO Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS The Court made the following : ORDER This writ petition is filed seeking a Mandamus to declare the order of Board of trustees in Res.No.270, dated 27/28.8.2003 and proceedings in Roc.No.B2/8804/2003 dated 4.9.2003 of the Executive Officer, T.T.D and the order of the A.P. State Government in Memo Roc.No.46820/Endt-III/2003-10, dated 15.12.2006 as arbitrary, illegal and violative of Articles 14,16 and 311 of the Constitution of India. There is no necessity to go into all the details. It is suffice to notice that the petitioner worked as Junior Assistant in the Stores Department, Transport Wing of Tirumala Tirupati Devasthanam (for short ‘TTD’), which was taken over by Andhra Pradesh State Road Transport Corporation in 1975. Fifteen years thereafter, i.e., on 15.11.1989, he was issued with a charge sheet stating the amounts paid through cheques to APSRTC for supplying material were not reflected in the books of account. Though the said charge sheet was issued, nothing happened for 15 years. Again on 15.12.2005, respondents have issued the present charge sheet enumerating six charges. The sum and substance of the charge is that though he paid the amounts through cheques to RTC and other reputed organizations for purchase of items for Stores Department, Transport Wing of TTD, the same was not adjusted in the books of account. The petitioner submitted his explanation but no action has been taken. The Transport Wing of TTD was taken over by RTC on 9.8.1975 and thereafter, he was relieved from service and was working with TTD and after 15 years, the present charge sheet was issued asking him to trace out the records in APSRTC Office. In spite of his best efforts, he could not trace out the same. In the meanwhile, he was promoted to the post of Office Superintendent and thereafter, he was sought to be reverted as a measure of punishment with effect from 6.3.2003. Aggrieved thereby, the petitioner filed an appeal before the Board of TTD. The Board, however, reduced the punishment, set aside the reversion order and imposed punishment of stoppage of one increment. Challenging the same, the petitioner carried the matter in appeal before the Government. The Government refused to interfere with the same and confirmed the order passed by the Board by an order dated 15.12.2005 which was communicated to the petitioner on 6.10.2006. Hence, this writ petition. The facts would reveal that absolutely there was no allegation against the petitioner as to misappropriation of money etc. May be, there was an allegation of not reflecting the transaction in the books of account and the explanation offered by the petitioner was that immediately after issuing the cheques, the Transport Wing of TTD was taken over by the RTC and further he handed over the charge to one Krishna Murthy and the books of account were not properly maintained and in spite of his best efforts he could not locate those records. Though the first charge sheet was issued on 15.11.1989, no action has been taken, but after a lapse of 15 years another charge sheet was issued enumerating six charges which resulted in punishment of stoppage of one increment with cumulative effect. It is brought to the notice of this Court that the petitioner on attaining the age of superannuation, retired from service in the year 2004. I am of the opinion that such an innocuous mistake ought not to have been taken up after 15 years wasting the time of administration on petty things and further, the matter was taken up after 30 years for re-consideration which has resulted in reversion and thereafter stoppage of one increment with cumulative effect. Even assuming that there was any misconduct on the part of the petitioner, the punishment of stoppage of one increment with cumulative effect was disproportionate to that of the misconduct alleged against him. Therefore, to meet the ends of justice and to give a quietus to the litigation here itself, I deem it appropriate to modify the punishment of stoppage of one increment with cumulative to that of stoppage of one increment without cumulative effect. However, it is made clear that the petitioner is not entitled for any monetary benefits and on restoration of his increment after one year period of its imposition, he is entitled for notional benefits for the purpose of fixation of his pension and for other retiral benefits. Writ petition is disposed of accordingly. __________ 20-02-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P., rep.by its Principal Secretary Revenue (Endowments-III)Department, Secretariat,Hyderabad 2 The Chairman, Board of Truestees, Tirumala Tirupati Devasthanam, Tirupathi, Chittoor District 3 The Executive Officer, T.T.Devasthanams, Tirupathi Chittoor District 4. 2 CD copies