IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No:31055 OF 2011 Between: V. Vema Reddy. - - - Petitioner. AND The Deputy Chief Traffic Manager, A.P.S.R.T.C. Mahabubnagar Region and District and another. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.31055 OF 2011 O R D E R: This Writ Petition, under article 226 of the Constitution of India, is filed by the petitioner seeking to issue a Writ of Mandamus declaring the action of the respondents in issuing the impugned proceedings No.2/95(70)08-WNP, dated 28-05-2009 withholding his annual increments for a period of two years, which shall have effect on his future increments besides treating his suspension period from 22-10- 2008 till date he reports duty at where he will be posted shall be treated as not on duty for all purposes is illegal, arbitrary and in violation of principles of natural justice and set aside the same and consequently direct the respondents to release the increments due to the petitioner and treat the suspension period as on duty by considering the petitioner’s appeal dated 23-02-2010 in the interest of Justice. The case of the petitioner, in brief, is as follows : The petitioner who worked as a Conductor in the respondents Corporation at Wanaparthy Bus Depot, Mahabubnagar District was placed under suspension, on the ground of committing cash and ticket irregularities on 11-10-2008 including withholding of his annual increments for a period of two years affected his future increments besides treating his suspension period with effect from 22-10-2008 till date he joins duty, at where he will be posted shall be treated as not on duty for all purposes. This proceeding seems to have been issued by the second respondent consequent upon the departmental proceedings initiated against the petitioner on the ground of committing cash and ticket irregularities. Aggrieved by the same, the petitioner filed an Appeal before the first respondent on 23-02-2010 which has been pending for consideration. Aggrieved by the first respondent’s inaction to consider the Appeal dated 23-02-2010 preferred by the petitioner, the present Writ Petition is filed. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents-A.P.S.R.T.C. The learned counsel for the petitioner submits that the second respondent without considering the explanation submitted by him, conducted an enquiry and imposed punishment of withholding his annual increments for a period of two years as mentioned in the impugned proceeding which is illegal, arbitrary, and in violation of principles of natural justice and the same is liable to be set aside by considering the Appeal dated 23-10-2010 preferred by the petitioner. On the other hand, the learned Standing Counsel for the respondents would submit that a direction might be given to the second respondent to dispose of the Appeal pending before him. Having regard to the submission made by the learned Standing Counsel for the respondents and in view of the fact that the Appeal is pending for consideration, without going into the merits of the case, the Writ Petition is disposed of directing the first respondent to consider the Appeal dated 23-02-2010 preferred by the petitioner and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. _________________ G. CHANDRAIAH, J. November 24, 2011. Dsh. THE HON’BLE SRI JUSTICE G. CHANDRAIAH 340 WRIT PETITION No.31055 OF 2011 November, 24, 2011 DSH