THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32263 OF 2010 ORDER: This Writ Petition is filed challenging the action of the first respondent in ordering reinstatement of the petitioner as Driver with minimum time scale of the post concerned, while modifying the petitioner’s removal order, as arbitrary and illegal and consequently to direct the respondents to treat the proceedings No.PA/19(5)/04- RM(MB), dated 02.04.2005, issued by the first respondent, as reinstatement of petitioner as Driver with continuity of service, attendant benefits and with all consequential service benefits. 2. The petitioner was appointed as a casual Driver in the year 1997 and his services were regularized on 01.01.1998. He was removed from service vide proceedings No.P1/1(33)/2001-GDL, dated 07.01.2002, on the charge of unauthorized absenteeism for the period from 04.09.2001 to 17.09.2001. The appeal preferred by the petitioner was rejected. In review filed before the first respondent, the order of removal was modified to one of reinstatement as Driver by fixing his pay in the minimum time scale and further denying the petitioner the benefit of his past service. The petitioner feels aggrieved by the denial of continuity of service, attendant benefits and all consequential service benefits. 3. Heard both sides. 4. It is no doubt true that the petitioner was issued a charge sheet and domestic enquiry was conducted in accordance with the regulations before he was removed from service. The charge of unauthorized absenteeism for duty from 04.09.2001 to 17.09.2001 was framed. The appellate authority refused to interfere with the order of removal, but in review, the first respondent granted the relief of reinstatement of the petitioner with minimum time scale. The past service rendered by him is totally taken away. 5. No doubt, the scope of interference by this Court in the punishments imposed by the disciplinary authority or in the internal remedies of appeal and review, is a bit limited. However, if the record itself discloses that the punishment is unconscionably disproportionate, a judicial remedy is certainly available. 6. The plea of the petitioner is that as he was suffering with Jaundice and for taking Ayurvedic treatment for the same nearby his native place, he was absent for the duty for the period from 04.09.2001 to 17.09.2001 and that his absenteeism is neither willful nor wanton. Whatever may be the reason, the absence for about thirteen days is not in accordance with the regulations. He has not taken prior permission. He has not even applied for leave. In the facts and circumstances of the case, the punishment imposed cannot be said to be appropriate punishment. There cannot be any dispute that punishment or penalty to be imposed be commensurate with the gravity of the misconduct. A disproportionate penalty would be violative of Article 14 of the Constitution of India. Although the choice and quantum of punishment is within the jurisdiction and discretion of the authorities, yet it must suit the offence and it should not be unduly harsh. This court is of the view that denial of back wages to the petitioner would be the proper punishment to meet the ends of justice. Further, this court in K.C.Narayana v. Managing Director, APSRTC, Hyderabad[1], held that the direction as to the appointment of petitioner as fresh employee is opposed to the regulations framed by the Corporation. 7. Hence, the Writ Petition is partly allowed modifying the impugned order to the effect that the petitioner shall be reinstated into service without back wages but with continuity of service for the purpose of extending the retirement benefits to him. There shall be no order as to costs. _______________ K.C. BHANU, J April 21, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32263 OF 2010 Between: P. Srinivasulu .....PETITIONER AND The Regional Manager, APSRTC, Mahaboobnagar region and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32263 OF 2010 April 21, 2011 [1] 2007 (5) ALD 416