M. Seetharama Murti, J.

1. The petitioner-workman filed this writ petition, under Article 226 of the Constitution of India, having been aggrieved of the proceedings, dated 10.11.2005, of the Divisional Manager, APSRTC, Suryapet Division/2nd respondent. By the said proceedings, the said authority confirmed the findings of the Depot Manager, APSRTC Bus Depot, Suryapet-3rd respondent, vide proceedings, dated 1.7.2005, and held that the charge formulated against the workman-petitioner is proved and partly allowed the appeal of the workman and modified the punishment of removal from service to reduction of pay by two incremental stages for a period of two years which shall have cumulative effect on his future increments.

2. I have heard the submissions of Sri V. Narasimha Goud, learned Counsel appearing for the petitioner-workman and of Ms. Vladimeer Khatoon, learned Counsel representing Sri A. Ravi Babu, learned Standing Counsel appearing for the respondents. I have perused the material record.

3. The facts, in brief, are as follows:

The petitioner-workman worked as a Conductor of Suryapet Depot at the relevant time. On 22.1.2005, while he was conducting a bus bearing Registration No. AP 10Z/4714, on route, Bheemaram-Miryalguda, a check was exercised by the TTIs of HES/NLG. During the course of the said check, it was found that the petitioner-workman issued tickets bearing Nos. 826/980056 & 057 of Rs. 4/- deno. E.2 to two passengers who boarded the bus at Bheemaram and bound for Suryapet ex-stages 3 to 1 by collecting Rs. 4/- each from each of them; but he had not accounted the said tickets as sold out in the STAR No. 023/882391. The TTIs had issued a charge memo for the detected cash and ticket irregularities. The petitioner-workman submitted an explanation to the said charge memo. The petitioner-workman was placed under suspension and the following charge was framed against him and his explanation was sought:

Charge:

"For having failed to account the two tickets bearing Nos. 826/980056 & 826/980057 of Rs. 4/- deno., in the STAR Document bearing No. 023/882391, dated 22.3.2005 which were issued to the passengers who boarded the bus at Stage No. 03 i.e., Bheemaram and bound for Stage No. 01 i.e., Suryapet duly collecting the requisite fare from them and also punched the tickets on Stage Nos. 01 to 03 instead of 03 to 01 for giving a scope for reissue of said tickets in UP journey which is a serious misconduct in terms of Reg.28(xxiii) of APSRTC Employees (Conduct) Reg.1963."

Thereafter, the Chief Inspector (Enquiries), RM's Office, Nalgonda, conducted enquiry and submitted a report, dated 3.6.2005, with his findings. The petitioner-workman submitted his objections and comments to the said report vide his explanation dated 27.6.2005. The 3rd respondent-Depot Manager by his proceedings, dated 1.7.2005, issued orders of removal of the petitioner-workman from service with immediate effect. Aggrieved thereof, the petitioner preferred an appeal to the Divisional Manager-2nd respondent herein. As already noted, while allowing the appeal in part the punishment of removal from service was set aside and a reduced punishment of reduction of pay by two incremental stages for a period of two years which shall have cumulative effect on his future increments was imposed. Aggrieved thereof, the present writ petition is filed by the writ petitioner-workman. Nevertheless it is to be noted that the writ petitioner-workman's review petition was rejected by the Regional Manager, Nalgonda, by his proceedings dated 21.3.2006.

4. The case of the writ petitioner and the submissions made on his behalf, in brief, are as follows:

Though the Enquiry Officer recorded a finding that the charge formulated against the petitioner-workman was proved and the Depot Manager passed orders of removal from service, the appeal preferred before the 2nd respondent was allowed on 10.11.2005 and the said authority while setting aside the orders of punishment of removal from ser