THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.7851 of 2000 ORDER: This Writ Petition is filed by a Driver working in the Andhra Pradesh State Road Transport Corporation challenging the order passed by the second respondent in disciplinary proceedings dated 24- 03-1998 passed in proceedings No.P3/118(6)/97-TDP reducing the pay of the petitioner for one incremental stage for a period of one year with cumulative effect and also to treat the period of suspension as not on duty and the order dated 24-03-2000 passed by the first respondent appellate authority confirming the said order of punishment. 2. The petitioner was on duty on 26-07-1997 operating the bus bearing No.AP 10 Z 2094 on the route Bangalore to Tadipatri. When the bus was checked by the officials, four McDowell whisky bottles under the chassis of the bus and ten McDowell whisky bottles on the left side of the grill of the engine were found. On the ground that the petitioner was transporting the said consignment and the same is in violation of the Conduct Regulations, disciplinary proceedings were initiated against him by framing the following two charges: “(1) For having kept 4 McDowell whisky bottles under the chassis of the bus and 10 McDowell whisky bottles on the left side of the grill of the engine in vehicle No.AP 10 Z 2094 on 26- 07-1997 in violation of the rules in force and found when checked by the staff of APSRTC Bangalore point at Bangalore Bus Station when you were performing the service on the route Bangalore to Tadipatri. (2) For having transporting 14 McDowell whisky bottles in the vehicle AP 10 Z 2094 on 26-07-1997 on the route Bangalore to Tadipatri when you were performing the service and which is a prohibited article to carry in APSRTC buses and which may lead to fire accidents causing danger to the lives of the passengers traveling in the bus besides loss of property of the Corporation and tarnish the image of the Corporation among the public.” 3. Though the petitioner denied the charges, regular enquiry was conducted by appointing Enquiry Officer. The Chief Inspector, Enquiries, Anantapur, who was appointed as Enquiry Officer, has submitted his report dated 05-01-1998 and in view of the findings recorded by the Enquiry Officer, the second respondent issued further show cause notice dated 09-01-1998. Dissatisfied by the explanation dated 09-02-1998 filed by the petitioner, the second respondent imposed punishment of reduction of pay of the petitioner by one incremental stage for a period of one year with cumulative effect and further ordered to treat the period of suspension as not on duty. The said order was also confirmed by the first respondent appellate authority by its order dated 24-03-2000. Hence, the writ petition. 4. In this Writ Petition it is submitted by the learned counsel for the petitioner that there is no evidence on record to prove the transportation of such consignment in the bus. On a perusal of the copy of the Enquiry Report, which was produced at the time of hearing of the Writ Petition, it shows that the Enquiry Officer, while recording the evidence of several witnesses, has recorded valid findings to the effect that the petitioner was the in charge of the bus driving the vehicle and in the absence of any valid explanation from him that he alone was not responsible for transportation of such consignment, he alone was responsible for transportation of such consignment. In view of the evidence on record, it cannot be said it is a case where findings recorded are perverse or illegal so as to interfere with the final orders passed by the disciplinary authority and as confirmed by the appellate authority. 5. For the aforesaid reasons and in view of the concurrent findings recorded by the primary authority and the appellate authority, I do not find any illegality so as to interfere with the impugned order in this Writ Petition filed under Article 226 of the Constitution of India. The Writ Petition is devoid of merit. 6. The Writ Petition is accordingly dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J. 18th March, 2009. Skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7851 of 2000 Between: P.Adinarayana Reddy, S/o. Anki Reddy, Hindu Gooty Depot, Anantapur District. ..... PETITIONER AND 1 The Deputy Chief Traffic Manager, APSRTC, Anantapur Region, Anantapur 2 The Depot Manager, APSRTC, Tadipatri Depot, Tadipatri, Anantapur District. 3 The Chief Inspector(Enquiries) O/o. The Regional Manager, APSRTC, Anantapur Region, Anantapur District. .....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 of Certiorari or any other appropriate Writ order or direction, calling for the records leading up to the issuance of proceedings by the 1st Respondents in ST/19(84)/2000 Dy. C.TM.A.dt. 24-3-2000 in confirming the orders of the 2nd Respondent issued in proceedings No.P3/118(6)/97-TDP dt.245-3-1998 in reducing the basic pay of the petitioner by one incremental stage for a period of one year which will have effect in postponing the petitioner's future increment and also to treat the suspension period as not on duty for the purpose of leave, wages and increment and quash the same and pass such other order or orders as deem fit and proper. Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following :