IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15624 of 2007 DATED: 24-7-2007 Between: Mohd. Jaleel Ahmed petitioner And APSRTC, Rep by its VC & MD Musheerabad, Hyd & ors respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15624 of 2007 ORAL ORDER: The present writ petition is filed questioning the proceedings No.02/95(26)/2002-ZHB, dated 9.6.2003 issued by the Depot Manager-respondent No.4 imposing the punishment of reduction of pay by two incremental stages for a period of two years with cumulative effect and treating the period of suspension as “not on duty” and the proceedings No.PA/29(14)/2005-DVM/SRD dated 22.6.2005 of the Divisional Manager-respondent No.3 rejecting the appeal filed by the petitioner. The petitioner, who is working as Conductor with the respondent- Corporation, was issued with a charge sheet dated 11.10.2002 alleging cash and ticket irregularities. After conducting a regular enquiry and considering the explanation submitted by the petitioner, the Depot Manager-respondent No.4, vide proceedings dated 9.6.2003, imposed the punishment of deferment of annual increment for a period of two years with cumulative effect and treating the period of suspension as “not on duty”. Aggrieved by the said orders, the petitioner preferred an appeal before the Divisional Manager-respondent No.3, which was rejected by order, dated 22.6.2005. Hence, the present writ petition. The only point for consideration in the present writ petition is whether the proved misconduct is disproportionate to the punishment imposed. The petitioner committed certain cash and ticket irregularities while conducting Gudpally to Zaheerabad service on 2.10.2002, and that having not satisfied with the explanation offered by the petitioner a regular enquiry was ordered, wherein the charges leveled against the petitioner were proved and based on the report of the enquiry officer, a show cause notice was issued to the petitioner. The 4th respondent on consideration of the matter and particularly having regard to the fact that the petitioner was negligent but not fraudulent imposed a penalty of withholding annual increment for a period of two years with cumulative effect besides treating the suspension period as not on duty, which was also confirmed by the appellate authority and no exception can be taken thereto, more so having regard to the judgment of the apex Court in Regional Manager, Rajasthan SRTC v. Sohan Lal[1], wherein it was held that it is not within the normal jurisdiction of the superior courts to interfere with the quantum of sentence imposed by the disciplinary authority, unless it is shown that the sentence imposed is wholly disproportionate to the misconduct proved. The petitioner has not made out any ground to show that the punishment imposed by the disciplinary authority is disproportionate to the proved misconduct. There is no merit in the writ petition and the same is accordingly dismissed. No costs. ___________________ N.V. RAMANA, J. Date:24.7.2007 tvk THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15624 of 2007 DATED: 24-7-2007 [1] (2004) 8 SCC 218