IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 2453 OF 2005 Between: Thogunta Venkatakrishnaiah, s/o Ramachandraiah, Aged about 50 years, r/o Vavintaparthi (v) & Post, Podalakooru Mandal, SPSR Nellore District & Anr. …. Appellants V/s. The Government of Andhra Pradesh Represented by its District Collector, SPSR Nellore district & 2-Ors. …. Respondents Counsel for the Appellant: Sri VTM Prasad Counsel for the Respondents: Sri V. Narsimha Goud Govt.Pleader for Labour THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 2 4 5 3 OF 2005 J U D G M E N T : (Per the Hon'ble Smt. Justice T. Meenakumari) The writ appeal is filed against the order dated 14-7-2005 passed in WP.No. 21235 of 1999 by the learned single Judge, whereby the learned single Judge allowed the writ petition and set aside the award dated 05-11-1997 passed in I.D.No. 4 of 1995 by the Industrial Tribunal-II, Hyderabad and the punishment imposed was modified as that of stoppage of two increments without cumulative effect and further the period of suspension from 10-11-1987 till the date of reinstatement was treated as on duty and ordered to pay all wages and arrears of increments for that period. 2. The main writ petition has been filed to quash the impugned award dated 05-11-1997 passed in I.D.No. 4 of 1995, which was published on 27-12-1997 as arbitrary, unjust and in violation of Article 13, 16 and 21 of the Constitution and consequently to direct the second respondent corporation to restore the increments of the writ petitioner along with its consequential arrears in the interest of justice and fair play. 3. The facts leading to the filing of this writ appeal can be summarized as follows On 17-2-1978, the writ petitioner was appointed as a conductor into the services of the APSRTC. According to him, since the date of his appointment, he has been discharging his duties to the utmost satisfaction of his superiors. On 13-10-1987, when he was conducting the bus bearing Regdn.No. AAZ-3924 on the route between Fakirabad and Bodhan, a check was exercised at LK Farm Cross Road and the checking officials found certain cash and ticket irregularities. On the basis of the said irregularities and also charge memo, the writ petitioner was issued with a charge sheet by the authorities. Having not satisfied with the explanation submitted by him, a regular domestic enquiry was ordered. It is stated that after the enquiry was concluded, based on the report of the Enquiry Officer, the Disciplinary Authority issued a show cause notice to him and thereafter passed orders dated 25-2-1988 imposing punishment of deferment of three annual grade increments with cumulative effect and also treating the suspension period from 10-11-1987 till the date of his reinstatement as not on duty. Aggrieved thereby, the writ petitioner filed an appeal before the Divisional Manager and the same was dismissed. Thereafter, he filed a review petition before the Regional Manager. After taking into consideration the past conduct of the writ petitioner, the Regional Manager reduced the punishment of stoppage of three annual grade increments with cumulative effect to that of two annual grade increments with cumulative effect. Aggrieved thereby, the Union espoused the case of the writ petitioner before the Assistant Commissioner of Labour, Nizamabad. It is further stated that the conciliation proceedings ended in failure and on submission of the failure report, the Government referred the dispute to the Industrial Tribunal-II, Hyderabad, under section 10 (1) (d) of the Industrial Disputes Act, 1947 and the same was taken up as I.D.No. 4 of 1997. However, the Industrial Tribunal did not grant any relief and the reference was answered against the writ petitioner. 4. The charge framed against the writ petitioner and the statement of the passenger recorded on the date of checking is mentioned as hereunder: “For having failed to collect the fare and issue ticket to a passenger who boarded the bus at Fakriabad and bound for Tadilloli Ex-stages Nos. 8 to 8/7 thus violating the rule issue and start while you are conducting AAZ-3924 on route Mangalphad on 13-10-1987 which constitutes misconduct under Regulation No. 28 (vi) (a) of APSRTC Employees (Conduct) Regulations, 1963. 5. The statement of the passenger, which was attested by the conductor at the spot, reads as hereunder: “I boarded the bus at Fakirabad and bound for Tadbilloli. I did not pay the ticket fare to the conductor nor purchased the ticket. When the bus was checked at L.K. Form Cross Road, the checking officials have collected Rs.1/- towards ticket and handed over to the conductor. This is the fact. There is no fault on the part of the conductor. The entire fault is with me only.” 6. Having heard the matter, the learned single Judge allowed the writ petition and set aside the award dated 05-11-1997 passed in I.D.No. 4 of 1995 by the Industrial Tribunal-II, Hyderabad and the punishment imposed was modified as that of stoppage of two increments without cumulative effect and further the period of suspension from 10-11-1987 till the date of reinstatement was treated as on duty and ordered to pay all wages and arrears of increments for that period. Aggrieved thereby, the APSRTC has filed the present writ appeal. 7. The learned counsel for the appellant-corporation tried to contend that the order of the learned single Judge is patently with errors and not sustainable. But we have gone through the material placed before the learned single Judge and now also we have perused the impugned order. While concurring the views of the learned single Judge, the order impugned does not call for interference of this court. 8. The writ appeal is accordingly dismissed. No costs. __________________________ JUSTICE T. MEENA KUMARI ________________________________ JUSTICE SANJAY KUMAR 04-02-2010. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 2 4 5 3 OF 2005 Judgment of the Division Bench delivered by the Hon'ble Smt. Justice T. Meenakumari) Circulation Entry No. 1 Date: 04-02-2010 COMPUTER No. 43 Court Master: I s L