IMPORTANT POINT
Disciplinary proceedings must adhere to natural justice, prohibiting the use of preliminary inquiry evidence in regular inquiries without proper cross-examination rights.

ORDER :

1. This writ petition is filed under Article 226 of Constitution of India for the following relief:

“.......to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declare the Orders No. 01/39902/2020/KKD dated 14.09.2020 passed by the 3rd respondent and which was confirmed by orders dated 20.02.2021 by the 2nd respondent is illegal arbitrary violative of principles of natural justice and contrary to the Circular No. PD/01/2019 dated 01.01.2019 and violation of Articles 14, 21 of Constitution of India and consequently set-aside the same and pas.....”

2. The grievance of the petitioner is that he was appointed as a contract driver on 11.09.2010 attached to Kakinada depot. Later he was transferred to Ramachandrapuram Depot. His services were regularized w.e.f. 01.09.2014 and attached to Kakinada depot. Since the date of his joining the petitioner discharging his duties with utmost satisfaction of his superiors, without any blemish record. It is stated that on 05.07.2020, the petitioner was in service No. 2591 kakinada to Vijayawada the bus schedule to depart at 16:30 hours. Since less occupancy in the bus OPRS incharge informed the petitioner to operate the service at 17:00 hours instead of 16:30 hours. The petitioner obliged his instructions requested him to mention the time in SR book of bus enable him to show the passengers already occupied the bus and to avoid the further consequences in delay in running the service. For which the OPRS in-charge inclined to mention in the re-schedule departure time in SR Book of bus. Having no other go, the petitioner left as per reschedule. But at utter surprise of the petitioner, he was called for enquiry on 6.7.2020 asked him about the incident. Even though the petitioner explained the said issue, the 3rd respondent without considering the oral explanation of the petitioner, a charge sheet was issued. For which, the petitioner made his written explanation on 5.9.2020. Even without examining the merits and demerits of the allegation in routine manner arrived at conclusion that the allegation made under charge was proved and issued final order and imposed punishment of deferment of annual increment for a period of one year without cumulative effect vide order dated 14.9.2020. Aggrieved by the same, the petitioner preferred an appeal and revision before the Deputy Chief Traffic Manger, Rajahmundry and before the 4th respondent. Both the appeal and review applications were rejected. Questioning the same, the present writ petition came to be filed.

3. The Counter affidavit has been filed by the respondents No. 1 to 3. While denying the allegations made in the petition, contended that, the Dy. Superintendent(T)/OPRS In-charge, Kakinada has reported that the petitioner, reported to the OPRS Counter on 05.07.2020 to collect Auxiliary way bill to the service No. 2591, 16.30 (KKDVJA). At that time OPRS In-Charge Sri S. Swamy, Dy. Supdt(T), Kakinada has advised to the driver to departure his service bus at 17.00 hrs., instead of schedule time of 16.30 hrs. Due to very poor seat occupancy of his service bus and there are no vacant seats in the very next service of 17.00 hrs. Kakinada Kurnool & 17.30 hrs. Kakinada Proddutur services on that day. Then he asked Sri S. Swamy, E.105197, Dy. Supdt(T) to write the late time in SR to show the same to the passengers, but the OPRS In-charge has followed the instructions of the higher-ups and he replied to the petitioner, that it is not necessary to write the late time in SR, hence there are no passengers in the bus and the decision of the OPRS In-charge is also to convenience the un- reserved passengers who intend to board the 17.00 hrs and 17.30hrs. services but, the said driver again approached him and shouted loudly and demanded him to write the time in SR for late departure of the service and commented him and the Supervisors as “NEEVU RETIREMENT KI DAGGARALO UNNAVU NEE SANGATHI CHUSTANU” NENU LORRY DRIVING CHESUKUNTA