Darshan v. The Depot Manager, APSRTC, Wanaparthy Bus Depot, Mahabubnagar District
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
Cause title
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 or order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondent in imposing the punishment of postponing the annual increment when next falls for a period of one year which shall have effect on future increment as bad, arbitrary, illegal, unjust and unreasonable and violative of principles of natural justice and contrary to the judgments of this Hon'ble Court and also the apex court by setting aside the final order No. 02/62(7)/92-WNP dt. 19-8-1992 and consequently direct the respondents to add the postponed increment and pay the arrears and pass such other order or orders. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondent: MR.P.VINAYAKA SWAMY The Court at the admission stage made the following:
ORDER:
Declaring the action of the respondent in imposing major penalty vide proceedings No.02/62(7)/92-WNP dated 19.08.1992, as illegal and arbitrary, the present writ petition is filed. The petitioner is working as a Conductor in the respondent Corporation. He was charged for certain cash and ticket irregularities. He submitted his explanation. The respondent passed an order on 19.08.1992, without conducting any enquiry, by imposing a penalty of deferment of annual increment for a period of one year, which shall have effect on future increments of the petitioner. Hence the writ petition.
The grievance of the petitioner is that since it is a major punishment, it cannot be maintained unless it is imposed after holding an enquiry and giving an opportunity to the petitioner. Therefore, he approached this Court through this writ petition to declare that the action of the respondent is illegal and to direct the respondent to add the deferred increment.
It is well settled that denial of increments with cumulative effect tantamount to a major penalty, and such penalty cannot be imposed by the disciplinary authority without holding a regular departmental enquiry in terms of relevant service regulations.
Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of one year with cumulative effect, imposed by the respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of one year without cumulative effect. The petitioner is not entitled for the difference of the amount, if any, by virtue of this Order, but he is entitled to get the increment on notional calculation from the date of this order, to which, he is entitled.
The writ petition is, accordingly, disposed of. No costs. ASSISTANT REGISTRAR Dated: 23.03.2005 Dsr To:
The Depot Manager, APSRTC, Wanaparthy Bus Depot, Mahabubnagar District
2. Two CD copies Form-NIC-OGS/WP{VSMI}
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.