THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.778 of 2003 ORDER: This writ petition is filed for a Mandamus declaring the action of the respondents in issuing proceedings dated 09.01.2002, whereby the petitioner was imposed with the punishment of reduction of basic pay by two incremental stages for a period of two years with cumulative effect, as illegal and arbitrary. Petitioner is the workman and respondents are the management. It appears, while the workman, who was working as conductor in Andhra Pradesh State Road Transport Corporation at T.P.Gudem Depot, was conducting a bus bearing No.AP 9 Z 7726, on the route Tanuku-Pasalapudi, on 27.11.2001, a check was exercised by the checking officials and noticed certain cash and ticket irregularities alleged to have been committed by the workman. Thereupon, the workman was issued with a charge sheet enumerating the following charges “ 1) For having violated the rule of “Issue and Start” while you are conducting the vehicle No.7736 on route Pasalapudi Tanuku on 27.11.2001 which tentamounts to misconduct as per Regulation 28(xxxii) of APSRTC Employees Conduct Regulations 1963. 2) For having taken “Bajjis” worth of Rs.3/- towards ticket fare from a bajji vendor passenger, and failed to issue ticket who boarded your bus at Pasalapudi tank and alighting at Suryaraopalem without ticket, while you are conducting vehicle No.7736 on route Pasalapudi – Tanuku on 27.11.2001 which constitutes misconduct as per Regulation 28(x) of APSRTC Employees conduct Regulation 1963. 3) For having closed the ticket numbers of all denominations in the service S.R. upto stage No.2 and failed to show the number of passengers traveling in the bus, which tentamounts to misconduct as per Regulation 28(xxiii) of APSRTC Employees Conduct Regulation 1963.” After conducting a detailed enquiry into the charges leveled against the workman and after following the formalities, ultimately, the disciplinary authority passed an order dated 03.01.2002 removing the workman from service. Challenging the said order dated 03.01.2002, the workman preferred appeal before the Divisional Manager, Tanuku Division, who, having considered the 11 years of unblemished service of the workman, by his order dated 09.01.2002 modified the punishment of removal from service to that of punishment of reduction of basic pay of the workman by two incremental stages for a period of two years which shall have the effect of postponing his future increments and also to treat the period from the date of removal till the date of reporting to duties on reinstatement as “Not on duty” for the purpose of leave and increments. Aggrieved thereby, the present writ petition is filed. Heard the learned counsel for both the parties and perused the impugned order and other material made available on record. As seen from the record, though the orders of the disciplinary authority as well as the appellate authority reflect that the passenger deposed that the workman has taken bujjis worth of Rs.3/- towards the ticket fare at the boarding point itself, but he has not issued ticket to him, a close examination of the statement given by the passenger during enquiry, which is produced before this Court, indicates that as soon as the passenger entered into the bus, the workman issued ticket to him, but the passenger did not pay the fare and he, in turn, gave bajjis worth Rs.3/-, towards the ticket fare, and put the ticket in bajjis basket, and when the checking officials entered into the bus and asked the passenger to show his ticket, the passenger could not find his ticket in his possession. This shows that the workman issued ticket to the passenger and it was sheer mistake on the part of the passenger, who lost his ticket. The workman might have purchased bajjis from the passenger, but that does not mean that the bajjis were issued in lieu of the ticket fare from the passenger. Be that as it may, the charges leveled against the workman are trivial in nature. Therefore, in a case of this nature, the punishment of reduction of basic pay by two increments for a period of two years with cumulative effect imposed on the workman is unwarranted and not commensurate with the gravity of charges. Thus, I am of the considered opinion that the punishment of reduction of basic pay by two incremental stages for a period of two years without cumulative effect would be an appropriate punishment. In view of the above, the punishment of reduction of basic pay by two incremental stages for a period of two years with cumulative effect imposed by the appellate authority, by his dated 09.01.2002, is modified to that of reduction of basic pay by two incremental stages for a period of two years without cumulative effect. However, it is made clear that the workman-petitioner is not entitled for any monetary benefits and his pay shall be fixed notionally till 31.01.2011 and he is entitled for the benefits on restoration of increments with effect from 01.02.2011 alone. Further, the period of suspension shall be treated as continuous service for all purposes. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 03.02.2011 v v