IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 12219 of 2005 Between: N.Narayana Appa Rao, s/o Ramulu, Eastern Power Distribution Company Ltd., Kakinada, East Godavari District. ..... PETITIONER AND 1 The Eastern Power Distribution Company Limited, Visakhapatnam rep., by its Chairman & Managing Director 2 Chairman & Managing Director, Eastern Power Distribution Company Ltd., Visakhapatnam. .....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 a writ or order or direction, especially one in the nature of writ of mandamus: i) declare the action of the respondents in issuing impugned Memo No.CGM/HRD/DS-DC/AS-S/PO(S)/J(E)/F.76/03/D.NO.1814/04 DATED 20-9-2004 and the appellate order vide Memo No.HRD/DC/PO-I/J(E)F.76/03/D.No.2319/04 dated 17-12-2004 as illegal and set aside the same. ii)Consequently direct the respondents to treat the petitioner as on duty during the period of suspension duly granting all other consequential beneﬁts iii) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : O R D E R: Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for A.P.TRANSCO. The petitioner ﬁled this writ petition questioning the proceedings, dated 17.12.2004 issued by the second respondent- Chairman & Managing Director, Eastern Power Distribution Company Limited, Visakhapatnam. The case of the petitioner is that on an allegation that while he was working as ADE/Operation/Bhimadole, he unauthorizedly shifted 100 KVA Transformer from one place to another by demanding and accepting an amount of Rs.20,000/- from the customers and did not remit the shifting charges to the Company. After conducting due enquiry, the ﬁrst respondent passed orders vide Memo, dated 20.09.2004 awarding punishment of “stoppage of two increments without cumulative eﬀect besides treating the period of suspension as leave, to which he is eligible”. On appeal ﬁled by the petitioner, the second respondent by the impugned Memo dated 17.12.2004 modiﬁed the order to that of “stoppage of one increment without cumulative eﬀect besides treating the period of suspension as leave, to which he is eligible”. The case of the petitioner is that he cannot be held responsible for the shifting of the transformer, since the same was done prior to his joining duty in the sub- division. The main contention of the learned counsel for the petitioner is that since the petitioner was not incharge of the place of allotted work on the relevant date, he cannot be held responsible for the incident. On the other hand, the learned counsel for the respondent Corporation submits that since the penalty imposed against the petitioner has already been worked out, the writ petition has become infructuous. Having regard to the submissions of the learned counsel for the petitioner, I am of the view that since the impugned penalty of stoppage of one increment without cumulative eﬀect for such a period has already worked out, the writ petition has become infructuous. Further, whether the petitioner was incharge of the place of allotted work on the relevant date or not being a question of fact, the same cannot be agitated before this Court under Article 226 of the Constitution of India. It is open to the petitioner to agitate the same before the appropriate forum, as per law, if so advised. In the circumstanes, the writ petition is dismissed as infructuous. No order as to costs. _________________ G.CHANDRAIAH J., Dt.25.08.2008 Tjs To 1 The Eastern Power Distribution Company Limited, Visakhapatnam rep., by its Chairman & Managing Director 2 Chairman & Managing Director, Eastern Power Distribution Company Ltd., Visakhapatnam. 2. 2CCs to 2. 2CD copies ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER