IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 84 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/08/2008 in WP NO : 21240 OF 1999 on the file of the High Court.) Between: D.Ananthaiah, S/o. D.Ramappa, R/o. Muddulapuram ( Post ) & Village, Kadiri Mandalam, Ananthapur District. ..... APPELLANT AND 1 Industrial Tribunal-Cum-Labour Court, rep. by its the Chairman, Ananthapur. 2 The Depot Manager, A.P.State Road Transport Corporation, Kadiri Depot, Kadiri Mandalam, Ananthapur District. .....RESPONDENTS Counsel for the Appellant: SRI A.K.JAYAPRAKASH RAO Counsel for the Respondents: GP FOR LABOUR The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 84 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 22.08.2008 in WP No.21240 of 1999, the present writ appeal is filed by the appellant. The appellant herein filed the above writ petition challenging the award dated 3.7.1990 passed by respondent No.1 in I.D.No.188 of 1989, where under punishment of stoppage of one annual increment with cumulative effect and reduction of rank by five places in the seniority list of conductors was imposed. The learned single Judge having observed that the Tribunal while exercising powers conferred on it, set aside the order of removal and directed the Corporation to reinstate the petitioner-appellant into service with continuity of service, but without backwages, disentitling the petitioner- appellant for one annual increment with cumulative effect and reducing his rank by five places in the seniority list and as the petitioner-appellant was already retired from service on attaining the age of superannuation and he received his retiremental benefits under without protest, dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been preferred. Heard the learned Counsel and perused the material available on record. The learned Counsel for the appellant contended that the appellant had undergone treatment on account of sickness during the period in question and he produced medical certificate to that effect and that the punishment imposed by the 1st respondent is disproportionate and apart from that, the appellant was retired on attaining the age of superannuation and therefore, the order under appeal is liable to be set aside. While opposing the contentions of the learned Counsel for the appellant, the learned Government Pleader submitted that the appellant filed the writ petition before the learned single Judge with abnormal delay of nine years and that itself is sufficient to draw an adverse inference as to the bonafides on the part of the writ petitioner-appellant in approaching the Court after a long lapse of time and apart from that, the appellant was previously awarded punishment of warnings/ censures on 10 occasions and deferment of increment on 13 occasions and most of these punishment are awarded for his unauthorized absence and therefore, the appellant does not deserve for any relief as sought for. As can be seen from the material, it is obvious that the Tribunal modified the punishment of removal to that of stoppage of increment and reduction of rank by five places in the seniority list. On a perusal of the previous record of the appellant, it can easily be said that the punishment modified by the Tribunal is not disproportionate. In this view of the matter and in view of the abnormal delay caused in filing the writ petition and the previous candidature of the appellant, we feel that the order of the learned single Judge does not suffer from any illegality or irregularity warranting interference of this Court. Accordingly, the writ appeal is dismissed. ________________________ Justice T. Meena Kumari ___________________________ Justice C.V. Nargarjuna Reddy Dated: 5th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :84 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 5th February, 2009 1