IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No 8896 of 2008 Between: MD. Burhanuddin, S/o. Kairat Ali, E.No.800156, R/o. H.No.2-58, Macha Bollaram, Secunderabad. ..... PETITIONER AND 1 APSRTC, Rep., by its Deputy Chief Traffic Manager, Sangareddy,Medak District. 2 APSRTC, Rep., by its Depot Manager, Gajwel Pregnapur Bus Depot, Medak District. .....RESPONDENTS 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 an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in imposing punishment of deferment of annual increments for a period of two years with cumulative effect on future increment and recovery of Rs.1,000/- in 05(five) equal instalments besides treating the period of suspension as "NOT ON DUTY" is illegal, arbitrary and unjust in his proceedings No.01/2(2)/2003-GPP, dt.24.10.2003 and consequently set aside the same by directing the respondents to grant increments to the petitioner and treat the suspension period as ON DUTY. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following ORDER: The petitioner is a Driver in A.P.S.R.T.C. He was issued a charge sheet, dated 03.05.2003, alleging that he drove the bus carelessly while overtaking a lorry and in the process, the bus sustained a damage, estimated at Rs.1,000/-. It was also alleged that the lorry overtaken by the petitioner has also capsized. A departmental enquiry was conducted and thereafter, the second respondent passed a final order, dated 24.10.2003, imposing the punishment of deferment of annual increment for two years with cumulative effect, apart from directing recovery of Rs.1,000/-. The appeal preferred by the petitioner before the Divisional Manager, Medak Division, Sangareddy was rejected as time barred. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The allegation against the petitioner is that he caused damage to a tune of Rs.1,000/- to the bus in the process of overtaking a lorry. It was not even alleged that any passengers have sustained injuries. The version of the petitioner is that when the bus was overtaking the lorry, the driver of the lorry had swerved the same to the right side and thereby, some scratches occurred to the bus. Though no procedural infirmity is noticed in the impugned order, it is evident that the effect of the punishment of stoppage of two annual increments to the petitioner with cumulative effect would result in diminution of emoluments of the petitioner for rest of the career. The damage caused to the bus was already recovered from the petitioner. For the minor lapse, the petitioner cannot be made to suffer suffered for the rest of his service. The appellate authority rejected the appeal on hyper- technical ground. This Court is of the view that ends of justice would be met, if the punishment of deferment of increments is converted to the one without cumulative effect. Hence, the writ petition is allowed, modifying the punishment against the petitioner to the one of stoppage of two annual increments without cumulative effect. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:22.04.2008. kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}