Devaraj, S/o Late G. Basavaraj, v. The State of Telangana
Court: High Court for State of Telangana
Bench: JUVVADI SRIDEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-20. Devaraj, S/o Late G. Basavaraj, v. The State of Telangana. Read the judgment and case details...
Judgment text
132s7 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI WRIT PETITION N O:40341 OF 2014 Between: Devaraj, S/o. Late G. Basavarai, aged 48 years, Occ Conductor, RJo - H. No. 6-3-252169/1, Erramanzil Colony, Hyderabad. ... PETITIONER AND 1 The State of Telangana, Rep by its Secretary, Transport Department, Secretariat, Hyderabad, Telangana. 2- The TSRTC, Represented by its Regional Manager, Secunderabad. tn (As per Court order dated 15. 02. 2024 vide l. A. No. 2/2019 Wp. No. +oa+t/2014 cause title amended) 3. The Divisional Manager, Secunderabad Division- 4. The Depot Manager, Kukatpally Depot. , (RR3 and 4 are impleaded as per C. O dt. 30/10/2023 in lA 0112023). ...
RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ/order/s more particularly one in the nature of writ of Mandamus declaring the order dt: 2118t2O13 in Proc No. PAl19E132l 201 3 DVM' SD passed by the Respondent No. 3 to the extent of reduction of pay by two incremental stages with cumulative effect, as being illegal, arbitrary and u nconstitutio na I and violative of Article 21 of the Constitution of lndia' ( Prayer is amended as per C. O dt. 3011012023 in lA 0212023 | . A. NO: 'l OF 201 PMP. NO: 50593 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order of reduction of pay by two incremental stages with cumulative effect, pending disposal of Writ Petition l. A.
NO: 1 OF 2019 Petitioh under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to expedite the date of hearing of W. P. No. 40341 of 2O14. Counsel for the Petitioner: SRI V. VENKATA MAYUR Counsel forthe Respondent No. 1 : GP FOR TRANSPORT Counsel forthe Respondent No. 2 to 4: SRI THOOM SRINIVAS, SC FOR TSRTC The Court made the following: ORDER THE HON'BLE SMT. JUSTICE JUWADI SRIDEVT WRIT PETITION No. 40341of 2014 ORDER: This writ petition is filed questioning the order dated 21 . 08. 2013 imposing the punishment of deferment of two annual grade increments with cumulative effect. 2. Heard both sides and perused the record. 3. Petitioner was appointed as a Conductor in the respondents- Corporation in the year 1993.
On the charge of unauthorized absence, a charge shect was issued to him calling upon to submit his explanation' Being not satisfied with the explanation offered by the petitioner, an inquiry rvas condttcted and he was removed from service vide order dated 26. 09. 2012. against which' he has filed an appeal and the same was disposcd of on 21. 08. 2013, modilying the punishment of removal from servicc to det'erment of two annual grade increments with -lhereaflter, cumulativc effect. he has filed second appeal, but the same was rejectccl r,iz1c order dated 18. 03. 2014. 4. Case of the petitioner is that his absenteeism from 19'04'2012 to 04. 07. 2012 *as cltte to his severe ill-health, for which, he has taken -l- ] 2 ! ,urrj(e,uvvrdi Srlrtevr lvt, No. 4ot4l of2014 I I I treatment at his I native place. It is contended that the inquiry I is an I ex parte one, conducted I against the principles ; of natural justice. 1 5.
On the other hand, it is the case of respondents_Corporation that since the petitioner has absconded unauthorizedly, the impugned order of punishment is passed after conducting inquiry and by considering the entire record, and hence, there is no ground to intert. ere with the same and accordingly prayed for dismissal ol the writ petition. 6. It is not in dispute thar the inquiry conductecl against the petitioner was an er parte inquiry. in which, thc pctitioner could not participate due to his ill_health and in spite of the sanre, the impugned order of removal from seruice carne to be passed ri,ithoul taking into consideration the un_blemished past sen,ice of. the petitioner and the appe. llate authority has reduced the punishruent of renror al to that of stoppage of two annual grade incrernents w,ith currulative effect, which is also a major punishnrenl 'faking into consideration the totality of the circumstances, this Court is of.
thc considcrcd vicw that the punishment of reduction ol two annual grade increr_nents with cumulative effect can be modifled to that of u,. ithout cumulative effect. &F:,-- ,u5dce luwadlSrldevl wP. Io. 403+1 of 2014 7. Accordingly, the impugned order dated 21. 08. 2013 imposing the punishment of stoppage of two annual grade increments with cumulative effect is modified to that of stoppage of two annual grade increments without cumulative effect. The petitioner shall not be entitled to any monetary benefits towards arrears arising out of this order. Further, the interregnum period lrom the date of removal to the date of reinstatement shall be treated as continuous service, only for the purpose of seniority, without any monetary benefits. 8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Pending miscellancous applications, it'any, shall stand closed. SD/. V. HARI PRA D ASSISTANT REGIS t //TRUE COPY// \ SECTION OFFICER To, Telangana' 1.
The Secretary, Transport Department' Secretariat' Hyderabad' State of Telangana. Corporation' Road Telangana State Transport 2. The Regional lvlanager, Secunderabad Diviston' 3. The Divisional Manager, Secunderabad Kukatpally Depot 4. The Depot lvlanager' VENKATA MAYUR' Advocate [OPUC] 5. One CC to SRI V SC FOR TSRTC IOPUCI 6. One CC to SRI THOOM SRINIVAS' T. TwoCCstoGPFoRTRANSPoRT,HighCourtfortheStateofTelanganaat Hyderabad [OUT] 8. Two CD CoPies BSR s KS HIGH COURT DATED: 2010212024 S r,416: 1 1aE ORDER e a( J rl WP. No. 40341 of 2014 ,t ic 2024 0 7 t4AY C \L) ) * Dt A T DISPOSING OF THE WRIT PETITION, WITHOUT COSTS u" t
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