THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10470 of 2011 ORDER: This Writ Petition is filed seeking to declare the action of the second respondent in proceedings No.PA/19(32)/2009-SNG, dated 09.09.2009 reducing the pay of the petitioner by one increment permanently and treating the period from the date of removal till the date of reinstatement as not on duty for the purposes of gratuity, increment and seniority, etc. as illegal and arbitrary. 2. The petitioner was appointed as Conductor in the respondent corporation. Without applying leave, the petitioner was absent for duty for one month. Thereafter, a regular departmental enquiry was conducted following the rules and regulations of the corporation. The disciplinary authority imposed punishment of removal from service. Thereafter, in appeal, the appellate authority modified the punishment and imposed punishment of deferment of annual increment permanently and the period from the date of removal to the date of reinstatement was treated as not on duty for all purposes. 3. There cannot be any dispute that it is the disciplinary authority, after the enquiry, and the appellate authority, in appeal, are the competent to pass appropriate orders in disciplinary matters against the employees. It is also well settled that the punishment should in proportionate to the severity of the misconduct. When the punishment is shocking the conscience of the Court, then it can be set aside or modified. 4. The charge leveled against the petitioner is that he was absent from duty for one month. A proper explanation was given by the petitioner stating that he was suffering from jaundice and so he could not attend his duties. That aspect has not been considered by the authorities in right perspective. But, the fact remains that the petitioner was absent for duty for about 30 days without information to the concerned authorities causing inconvenience to the respondent corporation in operating busses. Therefore, in the facts and circumstances of the case, the punishment of deferment of annual increment permanently can be modified into that of stoppage of increment without cumulative effect. Accordingly, the punishment of deferment of annual increment of the petitioner permanently imposed by the second respondent-appellate authority is modified to that of stoppage of increment without cumulative effect. 5. The Writ Petition is partly allowed to the extent indicated above. No costs. --------------------- (K.C.Bhanu, J.) 25.04.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10470 of 2011 25.04.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10470 of 2011 25.04.2011 Between: V.Nagaraju …Petitioner And The Regional Manager, APSRTC, Ranga Reddy Region, Ranga Reddy District & others …Respondents