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2013 DIGILAW 367 (AP)

APSRTC, rep. by its Managing Director v. Ch. Srinivasulu

2013-04-30

A.RAJASHEKER REDDY, ASHUTOSH MOHUNTA

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Judgment : A. Rajasheker Reddy, J. 1. This Writ Appeal is filed against the order, dated 19.07.2012, passed in W.P.No.11635 of 2001 wherein the learned Single Judge modified the order of the 3rd appellant to the extent of punishment of stoppage of one annual increment with cumulative effect imposed on the respondent, to withholding of one annual increment without cumulative effect. 2. The respondent is working as Conductor in the Andhra Pradesh State Road Transport Corporation and while he was on duty on 13.08.1999 on route – Jangareddygudem to Bhimavaram, there was inspection of the bus by the Officers and on the ground that he was in possession of certain unconnected tickets of Rs.2.50 ps. denomination, disciplinary proceedings were initiated against him by issuing show cause notice and after referring to the explanation offered by him, the 3rd appellant passed an order, dated 14.10.1999, imposing on him the punishment of withholding of one annual increment with cumulative effect. Being aggrieved by the same, the respondent filed the writ petition and the learned Single Judge modified the said order by order, dated 19.07.2012 and the same is under challenge in this writ appeal. 3. Learned standing counsel for the APSRTC appearing for the appellants submitted that withholding of annual increments falls under Regulation 8 (1) (iv) of the Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967 (for short ‘the Regulations’), for which, no enquiry need be conducted as per Regulation 12(2) of the Regulations, as such, the punishment imposed on the respondent is in accordance with the Regulations. 4. Learned counsel for the respondent submitted that in identical circumstances, the Division Bench of this Court upheld the order of the learned Single Judge in W.A.No.908 of 2009, dated 30.06.2009. 5. We have perused the order, dated 30.06.2009, passed in W.A.No.908 of 2009. In that case also, the learned Single Judge modified the punishment of stoppage of increment for a period of one year with cumulative effect to that of stoppage of increment without cumulative effect by relying on the judgment of the Supreme Court in Kulwant Singh Gill Vs. State of Punjab (1991 Supp (1) SCC 504) wherein it is held that stoppage of increments with cumulative effect is a major punishment and, therefore, enquiry is must and imposition of major penalty without enquiry is bad in law. State of Punjab (1991 Supp (1) SCC 504) wherein it is held that stoppage of increments with cumulative effect is a major punishment and, therefore, enquiry is must and imposition of major penalty without enquiry is bad in law. In view of the same, we do not find any reason to interfere with the order passed by the learned Single Judge. 6. The Writ Appeal is devoid of merits and is, accordingly, dismissed. No order as to costs. 7. As a sequel, miscellaneous petitions, if any, pending in the writ appeal shall stand disposed of.