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Andhra Pradesh High Court
Judges : B.PRAKASH RAO, D.APPA RAO
EPOT MANAGER, A.P.S.R.T.C., ANANTAPUR DISTRICT - Appellant
Versus
K.ADIREDDY - Respondent
Decided On : 04/10/2006
W. A 773 Of 2005
Andhra Pradesh State Road transport Corporation (Conduct of meetings) Regulations, 1959 – Rule 8 (iv), Rule 8 (vii), Rules 12, 16 – Punishment of Service – Disciplinary enquiry – Whether, on the facts and circumstances, any distinction can be drawn in between in the cases of two punishments of one withholding increments with and another without cumulative effect awarded ?whether such cases would fall within the mischief of major penalty calling for a regular enquiry as contemplated by the Regulations framed by the appellant-Corporation herein ? fact which are not in dispute, are that the respondents are the employees working with the appellant-Corporation, who initiated the disciplinary enquiry on certain allegations and ultimately on issuance of show-cause notice, the punishment of withholding of two increments with cumulative effect was imposed its has been contended by the learned Counsel for the respondents in the writ petitions filed by them challenging the punishment that the action of the appellant-Corporation would virtually amount to major penalty, which requires a regular enquiry and without which, no such punishment can be meted out to them, which was accepted by the learned Single Judge. Hence, these appeals by the Management relevant provisions, since there is no dispute on facts, which require for considering the aforesaid questions, are Rule 8 (iv), Rule 8 (vii), Rules 12 and 16 of the Andhra Pradesh State Road transport Corporation (Conduct of meetings) Regulations, 1959 (for brevity the Regulations ). These Rules read as follows:8. (1) The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed upon an employee namely: (iv) withholding of increments (vii) reduction to a lower rank in the seniority list or to a lower post or time-scale, whether in the same class of service or in another class, or to a lower stage in a time-scale; rule 12 Procedure for imposing penalties: (1) No order imposing any of the penalties specified in items (i) to (vi) of clause (1)of Regulation 8 shall be passed except after (a) the employee concerned is informed in writing of the proposal to take action against him and of the allegations on which action is proposed to be taken and is giving an opportunity to make any representation he may wish to make; and (b) such representation, if any, is taken into consideration by the authority imposing the penalty –Held, learned Standing Counsel appearing for the appellant-Corporation sought to draw a distinction in regard to rules contained in the aforesaid decision and those applicable to the present case on hand and further sought a distinction to the effect that the situation would differ from case to case depending on the facts of each case and therefore, necessarily the aforesaid decision cannot be applicable to the facts of the case on hand. Further in support, the learned Standing Counsel for the appellant-Corporation placed reliance on a decision reported in M. Devaki v. State of Kerala, 1995 (4) SLR 392, wherein while considering the Kerala Civil Services (Classification Control and Appeal) Rules, 1960 and after referring the aforesaid decision of the Supreme Court, the learned Single judge of the Kerala High Court held that in fact the punishment of withholding of one increment with cumulative effect would only fall within the minor penalty It is the effect of punishment, which rings the bell and not its nature appearing for the appellant-Corporation contended that the learned Single Judge ought not to have allowed the delayed writ petition and when the respondents did not avail the remedy of appeal available under Rules 22 and 29 of the Regulations – Appeals are accordingly dismissed.
( 1 ) HEARD Sri V. T. M. Prasad, the learned Standing counsel appearing for the appellant-Corporation and Sri G. Ravi Mohan, and other learned Counsel appearing for the respondents.
( 2 ) THE short interesting question, which commonly arises for consideration in these batch of cases, is as to whether, on the facts and circumstances, any distinction can be drawn in between in the cases of two punishments of one withholding increments with and another without cumulative effect awarded ? and whether such cases would fall within the mischief of major penalty calling for a regular enquiry as contemplated by the Regulations framed by the appellant-Corporation herein ?
( 3 ) THE facts, which are not in dispute, are that the respondents are the employees working with the appellant-Corporation, who initiated the disciplinary enquiry on certain allegations and ultimately on issuance of show-cause notice, the punishment of withholding of two increments with cumulative effect was imposed.
( 4 ) IT has been contended by the learned Counsel for the respondents in the writ petitions filed by them challenging the punishment that the action of the appellant-Corporation would virtually amount to major penalty, which requires a regular enquiry and without which, no such punishment can be meted out to them, which was accepted by the learned Single Judge. Hence, these appeals by the Management/corporation.
( 5 ) THE relevant provisions, since there is no dispute on facts, which require for considering the aforesaid questions, are Rule 8 (iv), Rule 8 (vii), Rules 12 and 16 of the Andhra Pradesh State Road transport Corporation (Conduct of meetings) Regulations, 1959 (for brevity the Regulations ). These Rules read as follows:8. (1) The following penalties may, for good and sufficient reason and as hereinafter provided, be imposed upon an employee namely: (iv) withholding of increments (vii) reduction to a lower rank in the seniority list or to a lower post or time-scale, whether in the same class of service or in another class, or to a lower stage in a time-scale; rule 12 Procedure for imposing penalties: (1) No order imposing any of the penalties specified in items (i) to (vi) of clause (1)of Regulation 8 shall be passed except after (a) the employee concerned is informed in writing of the proposal to take action against him and of the allegations on which action is proposed to be taken and is giving an opportunity to make any representation he may wish to make; and (b) such representation, if any, is taken into consideration by the authority imposing the penalty. The record of proceeding in such cases shall include a copy of the intimation to the employee of the proposal to take action against him, a copy of the statement of allegations communicated to him, his representation, if any, the findings arrived at on the allegation with reasons therefor and the orders passed on the case by the authority competent to impose the penalty. (2) No order imposing on an employee any of the penalties specified in items (vii) (viii)and (ix) of clause (1) of regulation 8 shall be passed except after an enquiry is held as far as may be in the manner hereinafter provided. (3) The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges and communicated to the employee charged together with statement of the allegations of a copy of the report on which each charge is based, and of any other circumstances which it is proposed to take into consideration in passing orders on the case. (4) The employee shall be required within such time as may be considered by the enquiring authority reasonably adequate in the circumstances of the case (ordinarily not less than seven clear days from the date he receives the charge-sheet) to put in a written statement of his defence. (5) The employee charged shall, if he so desires, for the purpose of preparing his defence, be permitted to inspect and take extracts
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