High Court · 2025

Judgment

1. 2 3 4 ...PETITIONER The Telangana state Road rransportcorporation, Rep. by its Managing Director, Bus Bhavan, MusheeraOaO, T.S.- Regional Manager, TSRTC, Mahaboobnagar Region, At Mahaboobnagar. The Divisional Manager, TSRTC, Vikarabad Division, at Vikarabad Ranga Reddy District, T.S. The Depot Manaqer, TSRTC, Narayanpet Bus Depot, Narayanapet District, @artier Mahaboobndgar Disdicit i6irngrn" State " ' rvt

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed tnerewitn, the High court may 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 2nd respondent herein in imposing the punishment of-Reduction of m/ prv ov two incremental stages with cumulative effect S b"{qPitrary illegal ,nd ;iih;Jt jurisdiction by setting aside the finar order No. . p113 51(1')t2ol8-nM:MBN c,- at.zqt12t2o18 0f the 2nd respondent herein and direct the respondent to pay the difference of pay arrears to the petitioner in concerned with the above srii plnisr,;;;i. counsel for the petitioner: sRr p. VENKATESWAR RAo counsel for the Respondents: sRr A. RAV| BABU, sc FoR TSRTC The Court made the following: ORDER .:'.! ,f\ HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.19549 OF 2O21 ORDER: Heard Sri P. Venkateshwer Rao, learned counsel appearing on behalf of the petitioner and Sri A. Ravi Babu, learned Standing Counsel for TSRTC, appearing on behalf of respondent No.l.

2. The oetiti er aooroached the rt seekino praver as under: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent in imposing the punishment of reduction of pay of petitioner by two incremental stages with cumulative effect is bad, arbitrary, illegal and without jurisdiction by setting aside the final order No. P1I351(1)/2018-RM : MBNR, dt : 24.L2.20L8 of the 2nd respondent herein and direct the respondent to pay the difference of pay arrears to the petitioner in concerned with the above said punishment and pass such other order or orders". E:, I

3. 2 SN,J wp 19549_202t -\ The petitioner was initially appointed as contract conductor in the respondent Corporation in the year 1989 and was subsequently regularized on 30.12.1990. The petitioner retired from service on 31.L2.20L8. On L9.04.2018, at about

6.30 d.ffi., at Narayanapet Bus Depot, the security guard by name Rukya Naik of Narayanpet Bus depot has conducted breath analyzer test on the petitioner and found that the reading was 54 mgl100 ml. The DVM, Vikarabad conducted a preliminary enquiry and submitted a repoft to the RM/MBNR. thereafter, the 2nd respondent issued a charge sheet dated

13.08.2018 to the petitioner alleging that the petitioner was found consuming 54 ltlgll}O ml alcohol and the respondent authorities passed final order dated 24.L2.2O18 by imposing a punishment of reduction of petitioner's pay by two incremental stages with cumutative effect. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition. 3 SN,J wp_19549_2021

4. Learned counsel appearing on behalf of the petitioner submits that the subject issue in the present Writ Petition is squarely covered by the order of this Court dated O3.O4.2O24 passed in W'P, No' 26616 of zOtL. Hence, the present writ petition could be disposed of in similar lines' 5. The learned Standing Counsel for TSRTC' appearing on behalf of the respondents does not dispute the said submission of the tearned counsel appearing on behalf of the petitioner' I I 6 Takino into consideration : (i) The aforesaid facts and circumstances of the 1 t case, (ii) The submissions made by learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for TSRTC, appearing on behalf of the respondents, (ii) The order dated 03.04'2O24 passed in W'P' No. 26516 of 2O11, i t t 4 SN,J utp_79549_2021 , .ri ;\ The writ petition is disposed of. The impugned order dated 24.12.2018 issued by the i"espondent No.2, imposing the punishment of stoppage of annual grade increments for a period of two years with cumulatiye effect is modified to that of stoppage of annul grade increments for a period of trruo years without cumulative effect. However, there shall be no order as to costs. As a sequel, the miscellaneous petiticns, if any, pending in the Writ Petition shall also stand closerl. ^ /TRUE COPYII SD/.B. REKHA RANI ASSISTANT REGISTRAR& t SECTION OFFICER To,

1. The M.anaging-Director, The Telangana State Road Transport Corporation, Bus Bhavan, Musheerabad, T.S.

2. Regional Manager, TSRTC, Mahaboobnagar Region, At Mahaboobnagar. 3. The Divisional Manager, TSRTC, vikarabad Division, at vikarabad Ranga Reddy District, T.S. -

4. The.Depot.Manager, TSRTC, Narayanpet Bus Depot, Narayanapet District, (earlier Mahaboobnaga r District), Tillari g a na State 5. One CC to Sri P. Venkateswar Rao, Advocate tOpUCI 6. One CC to Sri A. Ravi, C for TSRTCIOPUCI 7. Two CD Copies TJ BS (Along with the copy of order dated 03;04.2ot24 ln w.p.No.26616 ol 2o111 !u', i I I : I i I i I i I I : : l { I I I I i I i l I I I i i I I HIGH COURT DATED:06/1 DIZO2S ORDER WP.No.19549 ot 2OZ1 (-) \ * .SIA 0 I JAN 2026

2.. .) DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI WRIT ORDER: This writ petition is filed questioning the order dated .

22.09.2000 imposing the punishment of deferment of annual grade increments for a period of two years with cumulative effect.

2. Heard both sides and perused the record.

3. Petitioner was appointed as an Attender in the respondents- Corporation on 27.05.1978. On the ground that he issued fake warrants to Police Constables, a charge sheet was issued to him calling upon to submit his explanation, along with suspension order. Being not satisfied with the explanation offered by the petitioner, an inquiry was conducted and he was removed from service Questioning the same, he has filed an appeal, which was disposed of, modifying the punishment of removal from service to that of deferment of one annual grade increment for a period of two years, besides treating the period from the date of removal to the date of reporting to duty as "not on duty", against which, he filed review ! I 2 Justice Juwadi Sridevi WP. No.z6516 of2011 petition, but the same was rejected. c.c.No.l29 of 2001 registered against him has also ended in acquittal on 30.06.2004.

4. case of the petitioner is that though there was no fault on his part, merely on assumptions and presumptions, the impugned order is passed imposing major penalty, which is liable to be set aside.

5. on the other hand, it is the case of respondents-corporation that the impugned order of punishment is passed after considering the entire record, and hence, there is no ground to interfere with the same and accordingly prayed for dismissal of the writ petition.

6. The facts of the case are not in dispute. The contention of petitioner is that major penalty of stoppage of annual grade increments for a period of tr,vo years with cumulative effect was imposed against him without properly considering the material on record. Keeping in view the defence taken by the petitioner, the totality of the circumstances and the unblemished previous service of the petitioner, instead of setting aside the punishment imposed,_this Court is of the considered view that the ends of justice would be met if the punishment imposed is modified. 3 fustice luvwdi Sridevi WP. No.26616 of 2011

7. Accordingly, the impugn'bd order dated 22.09.2000 imposing the punishment of stoppage of annual grade increments for a period of two years with cumulative effect is modifred to that of stoppage of annual grade increments for a period of two years without cumulative effect. Since the petitioner is retired from service, he shall be entitled for terminal benefits.

8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Date: 03.04.2024 JUWADI SRIDEVI, J I I -1, _, ::. ..