IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4678 of 2009 Between: M.A. Jameel S/o. K. Abdul Sattar APSRTC, RNG-II Depot, Secunderabad Division, R/o. H.No.19-2-125/4/A/B/B, Indiranagar, Tadban, Zoo Park, Hyderabad, A.P. ..... PETITIONER AND The Depot Manager, A.P.S.R.T.C. Ranigunj Depot-II, Secunderabad Division. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the punishment of imposing penalty of deferment of amount increment for a period of two years with cumulative effect ignoring the observation of this Hon'ble High Court justice given in the W.P.No.26638 of 2005 and without intimating to the petitioner about the nomination of enquiry officer after a lapse of more than two years, without relieving the petitioner to attend enquiry on 8-4-2008 or 9-4-2008 or 10-4-2008 ignoring the petitioners representations addressed to enquiry officer and AM(T)/RNG-II dated 5-4-2008 & 12-2-2009 without issuing show cause notice before imposing penalty is as illegal, unjust, contrary to law violation of principles of natural justice by setting aside the office order No.01/2(13)/08-RNG-II dated 19.2.2009 and granting all consequential benefits in the interest of justice. Counsel for the Petitioner : MR.MOHD.GHOUSUUDDIN Counsel for the Respondent No.: MR.K.MADHAVA REDDY (SC FOR APSRTC) The Court made the following : ORDER: The petitioner is employed as a driver of Ranigunj Depot. He was Charge sheeted for his negligent driving. He was placed under suspension pending enquiry. He challenged the suspension order by filing W.P.No.26638 of 2005. The said Writ Petition came to be allowed setting aside the order of suspension. The enquiry proceeded against the petitioner and ultimately, the disciplinary authority issued proceeding dated 19-2-2009 imposing punishment of deferment of increment for a period of two years with cumulative effect. The said proceeding is under challenge in the Writ Petition. 2. When the Writ Petition came up for admission, Sri K.Madhava Reddy, learned Standing Counsel for the APSRTC takes notice on behalf of the respondent. 3. Heard the learned counsel for the parties. 4. Learned counsel for the petitioner submits that the respondent without conducting any enquiry proceeded to impose punishment of deferment of increment for a period of two years and therefore, the proceeding impugned in the Writ Petition is liable to be set aside. 5. The order impugned in the Writ Petition reads as here under: “After giving careful consideration to the entire evidences available on record together with the circumstances of the case and Enquiry Officer’s report. I have provisionally came to the conclusion that the charge leveled against you stand proved for which the penalty of deferment of annual increment for a period of two years which shall have effect on his future increments is fit and proper to be imposed on you and also the suspension period till the date of reporting for duty be treated as ‘NOT ON DUTY’. I therefore, hereby order that your increment be deferred for a period of two years which shall have an effect on his future increments besides treating the suspension period as ‘NOT ON DUTY’ ” 6. A plain reading of the order impugned in the writ petition indicates that it is a provisional one in which case the petitioner has a right to submit his explanation and thereupon, the respondent has to consider the explanation and pass final orders. 7. Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to submit his explanation to the notice dated 19-2-2009 within a period of two weeks and thereupon, the respondent shall consider the explanation and pass appropriate final orders. _________________________________ Justice B. SESHASAYANA REDDY Date: 06-03-2009. Note: C.C. in one week. BO Dvs HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.4678 OF 2009 Dated 06-03-2009