IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 18253 of 2006 Between: 1 The General Manager, Ordnance Factory Medak Yeddumailaram Medak District 2 The Additional Director General & Appellae Authority Armoured vehicles Head Quarters, Avadi Chennnai 3 The Chairman & Director General, Ordnance Factory Board, 10- A, S.K. Bose Road, Kolkata ..... PETITIONERS AND Sri S. Chandra S/o Sri S. Durgaiah Store Keeper, Engine Factory Avadi, Chennai .....RESPONDENT 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 in the nature of Certiorari or any other appropriate Wit, order or direction calling for records pertaining to Order dt 12-04-2006 in OA NO. 872 of 2002 on the file of Central Administrative Tribunal Hyderabad, and quash the same or pass such any other appropriate Order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent: DR.K.LAKSHMI NARASIMHA The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 18253 of 2006 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioners seeking to quash the order, dated 12.4.2006 passed by the Central Administrative Tribunal in O.A.No.872 of 2002. The respondent herein is the applicant before the tribunal. He filed the above O.A. seeking to quash the orders dated 9.9.2000 issued by the 1st respondent and also the order dated 29.6.2001 passed by the 4th respondent, on the ground that while he was working as Chargeman Grade II/NT (Stores), he was imposed punishment of removal from service with effect from 9.9.2000 on the allegations viz., gross negligence in discharge of official duty; failure to maintain absolute integrity and devotion to duty and conduct unbecoming of a Government Servant and hence, the matter was carried in appeal, in which, the punishment of removal from service was modified to that of reduction in rank to the post of Store Keeper and his pay was ordered to be fixed in the minimum of the pay scale and annual increment is to be earned as if he were appointed afresh as store keeper from the date of his rejoining service and his seniority in the grade of Store keeper will reckon from the date of his rejoining service and the period from the date of removal to the date of rejoining was to be treated as dies non. The tribunal having observed that in case of one A.U. Bhaskar Rao, Chargeman, the disciplinary authority had imposed the penalty of reduction of pay by two stages for two years with cumulative effect and that the applicant and the said Bhaskara Rao are similarly situated in respect of their duty, liability and negligence amounting to misconduct and therefore, they have to be treated similarly in the matter of punishment also, modified the punishment imposed by the appellate authority to that of the penalty of reduction of pay by two stages for two years with cumulative effect. It is made clear that this punishment will be effective from the date of reinstatement and the respondents therein are free to regulate the period from removal to the date of reinstatement in accordance with the rules applicable. It is further directed that during the period of reduction, no increment will be granted to the applicant and on expiry of the penalty period, his pay as on the date of order of the tribunal, shall be restored and further increments in future shall be granted from the restored stage of pay and as the period of reduction will have the effect of postponing future increments, no increment due for the period of reduction will be given as and when the pay is restored. Having aggrieved by the same, the authorities have filed the present writ petition. Heard the learned Assistant Solicitor General and the learned Counsel appearing for the respondent-applicant and perused the material available on record. A perusal of the material available on record and the order impugned clearly goes to show that in case of one Bhaskara Rao, who is a similarly situated person with the applicant in respect of duty, liability and negligence amounting to misconduct, the disciplinary authority imposed the punishment of penalty of reduction of pay by two stages for two years with cumulative effect. But, in the instant case, the applicant was imposed punishment of removal from service by the disciplinary authority in the first instance and further on the appeal, he was imposed punishment of reduction of rank. Having gone through the merits of the case and having regard to the nature of the charges levelled against the applicant and in view of the fact that similarly situated person with the applicant, was imposed lesser punishment than that of the applicant and in order to meet the ends of principles of natural justice and in order to avoid the discrimination, the tribunal has rightly come to the conclusion and modified the punishment as imposed in the case of the said Bhaskara Rao. In this view of the matter, We have no hesitation to hold that the order of the tribunal does not suffer from any legality and infirmity and therefore, it needs no interference. Accordingly, the writ petition is dismissed. No order as to costs. __________________ Justice T. Meena Kumari _________________ Justice S.Ashok Kumar Date: 31st March, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO:18253 of 2006 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 31.3.2008