IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8450 of 2008 Between: S.S. Basha S/o.Sri Md.Khaseem R/o.Kolimi Street,Rajampett Kadapa Dist ..... PETITIONER AND 1 The A.P.S.R.T.C Rep.by its Chairman Director Musheerabad Hyd 2 The A.P.S.R.T.C Rep.by its Regional Manager Kadapa Region, Kadapa,Kadapa Dist 3 The A.P.S.R.T.C Rep.by its Depot Manager Kadapa Region, Kadapa,Kadapa Dist .....RESPONDENT(S) 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 to issue a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 imposing the punishment of withholding the petitioner's increments next falls due for two years which shall effect the postoning of the petitioner future increments treating the suspension period as not duty for the purpose of leave wages and increments is wholly illegal arbitrary and unjust and violative of Articles 14,15 and 21 of the constitution of India and conseaquently direct the respondents to pay the increments to the petitioner w.e.f 10-5-2002 by treating the suspension period as on duty for the purpose of leave wages and increments and pass Counsel for the Petitioner:MS.B.MALLESWARI Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8450 of 2008 ORDER: The petitioner is employed as a Conductor in the Pulivendula Depot of A.P.S.R.T.C. A check was conducted on 06.05.2002, when the petitioner was conducting a bus, on the route from Pulivendula to Maddanur. It was found that the petitioner collected fare of Rs.6.50 ps. each from a batch of passengers and issued tickets to them, but failed to account, in the statistical report. A charge sheet was issued on 10.05.2002. The petitioner submitted his explanation and thereafter, a departmental enquiry was conducted. The charge against the petitioner was found proved. Through order, dated 10.10.2002, the Depot Manager, Pulivendula, directed stoppage of one increment, for a period of two years, which will have the effect of postponing the future increments of the petitioner. It was also directed that the period, during which the petitioner was under suspension, shall be treated as not on duty. Aggrieved by the same, the petitioner filed a review before the 2nd respondent and the same was rejected on 27.03.2004. Hence, this writ petition. Heard Smt. B. Malleswari, learned counsel for the petitioner and Smt. W.V.S.Rajeswar, learned counsel for the respondents. The allegation against the petitioner was that having collected the fare and issued tickets to a batch of 5 passengers, he did not account the same in the statistical report. The petitioner submitted an explanation, narrating the circumstances, that led to the situation. Be that as it may, it was not even alleged that the petitioner had misappropriated any amount. A small procedural irregularity, in the matter of entering in the statistical report, cannot constitute the basis to inflict a major punishment of withholding of increment with cumulative effect. Further, once the petitioner had issued tickets, he is accountable for remittance of the amount, at the end of the trip. Under these circumstances, this Court is of the view that the punishment of stoppage of one increment, for a period of two years, without cumulative would meet the ends of justice. Hence, the writ petition is disposed of, modifying the punishment imposed against the petitioner as the one of withholding of one increment, for a period of two years, without cumulative effect. There shall be no order as to costs. _________ 19.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8450 of 2008 Date: 19.04.2008 JSU