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1998 Supreme(AP) 359

S.R.NAYAK
K. Prasad – Appellant
Versus
Managing Director, APSRTC, Musheerabad, Hyd. – Respondent


S. R. NAYAK, J.

( 1 ) THE petitioner while serving as driver in the establishment of the APSRTC departmental enquiry was initiated under the APSRTC CCA Regulations. The Depot Manager, Badvvel Depot who is the disciplinary authority under the regulations finding the petitioner guilty of the charge, imposed penalty and directed that "annual increments when next falls due be deferred for a period of two years which shall have effect of postponing future increments. " It is needless to state that the punishment imposed on the delinquent is a major penalty. There is no controversy between the parties that this penalty came to be imposed on the petitioner-delinquent without holding a regular departmental enquiry envisaged under the APSRTC CCA Regulations. The petitioner being aggrieved by the order of the disciplinary authority dated 17-1-1989 preferred an appeal on 3-9-1991 to the 3rd respondent-the appellate authority. The 3rd respondent-appellate authority dismissed the appeal by his proceedings dated 28-5-1996. Hence, this writ petition assailing the validity of the order of the disciplinary authority as well as that of the appellate authority. The impugned proceedings suffer from an


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