ALLAHABAD HIGH COURT
Rakesh Tiwari, J.
Suresh Rai, Sankatha Rai
Versus
Assistant Regional Manager, U.P.State Roadways Corporation and Regional
Civil Misc.Writ Petition 26358 of 2004
Decided On : 09 March 2006
Civil Misc. Writ Petition 26358 Of 2004
Punishments - Employee Misconduct - U.P. State Roadways Transport Act - Section 45(2) - Regulations - Summary of Acts and Sections: The court discussed the U.P. State Roadways Transport Act and the U.P. State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, which govern the terms and conditions of the employees of the Corporation. The court analyzed the punishments awarded to the petitioner for separate misconducts and their consecutive operation, highlighting the principles of deterrence, reform, and the authority's discretion in imposing punishments.
Fact of the Case:
The petitioner sought relief of quashing an order that withheld his increments for misconduct. The petitioner argued that the punishments should run concurrently, while the respondent contended that they should run consecutively.
Finding of the Court:
The court found that the punishments for separate misconducts should run consecutively, as each act of misconduct should be followed by a separate punishment to act as a deterrent and provide an opportunity for reform.
Issues: The main issue was whether the punishments awarded to the petitioner would run concurrently or consecutively.
Ratio Decidendi: The court held that the punishments for separate misconducts should run consecutively to maintain the deterrent aspect of punishment and provide an opportunity for reform.
Final Decision: The court dismissed the petition, upholding the decision that the punishments would run consecutively, and the petitioner was entitled to the increments in accordance with the impugned order.
( 1 ) HEARD learned Counsel for the parties and perused the record.
( 2 ) THE petitioner has sought relief of quashing the order dated 17. 6. 2004 passed by the Regional manager, U. P. State Road Transport Corporation, Varanasi Region, Varanasi appended as annexure 10 to the writ petition.
( 3 ) IT appears that the petitioner filed Writ Petition No. 9642 of 2004, inter alia, that by punishment order dated 29. 4. 1999 his annual increment was stopped for a period of one year without future effect but in spite of expiry of the period of one ear, i. e. , from 31. 3. 2000 his increments are not being given to him. The Court vide judgment dated 10. 3. 2004 directed the respondent to decide the representation of the petitioner in accordance with law from the date of submission of representation of the order. Consequently the Regional Manager passed the impugned order dated 17. 6. 2004.
( 4 ) BY the impugned order the Regional Manager after considering the circumstances in which four enquiries had been conducted against the petition at different points of time for carrying passengers without tickets and misbehaviour with passengers in which the petitioner had been awarded punishment of withholding increments for one to four years. It held that during the period from 13. 12. 1993 to 29. 4. 1999 the petitioner had been awarded separate punishments which will come to an end on 31. 3. 2005 from the date of expiry of the punishment imposed by the last punishment order, i. e. , 31. 3. 2000 and if the petitioner is not punished in any proceedings during this period, he shall be entitled to increments for the said period. For ready reference the relevant extract of the order is as under: is Prakar Dinank 31. 12. 1996 se 29. 4. 1999 Ke Beech Kul 5 (Paanch ). Vetan Bridhi Roki Gayee jo Poorva Me Diye Gaye Dandadesh Ke Samapti Ki Tithi Dinank 31. 3. 2000 Se Prarambha hokar Dinank 31. 3. 2005 Ko Sampapta Hogi. Yadi Sri Rai Is Beech Kisi Prakaran Me Dandit nahin Hote To Vetan Vridhi Pane Ke Adhikaria Honge.
( 5 ) THE facts are that the terms and conditions of the employees of the U. P. State Road Transport corporation (hereinafter referred to as the Corporation) are governed by the U. P. State roadways Transport Corporation Employees (Other than Officers) Service Regulations, 1981 (hereinafter referred to as the Regulations) framed under Section 45 (2) of the U. P. State roadways Transport Act.
( 6 ) THE petitioner was appointed as a Conductor in the erstwhile U. P. State Roadways in 1969. His services were terminated on 16. 2. 1972 on charge of misconduct, but after a heart attack in 1997 he was posted to work as a Clerk in the office of the Assistant Regional Manager, u. P. S. R. T. C. , Ghazipur, though his designation of Conductor was not changed. The pay scale of a Conductor in the Corporation is 3050-75-3500 besides D. A. and other allowances.
( 7 ) FOUR separate departmental proceedings had been initiated against the petitioner at different points of time under the aforesaid Regulations. These departmental proceedings culminated into four different punishment orders (
a) Order dated 30. 12. 1992 passed for withholding the increments for four years without future effect (Annexure 1 to the writ petition ).
(b) Order dated 31. 12. 1996 passed for withholding the increments for three years (Annexure 2 to the writ petition ).
(c) Order dated 30. 11. 1997 passed for withholding the increment for one year (Annexure 3 to the writ petition ).
(d) Order dated 29. 4. 1999 passed for withholding the increment for one year (Annexure 4 to the writ petition ).
( 8 ) THE learned Counsel for the petitioner submits that by the last order dated 17. 6. 2004 the disciplinary authority has ordered all the punishments to run consecutively. He further submits that in law all punishments take effect the moment they are passed by the disciplinary authority unless there is a rider attached thereto in this regard. He urges that from a perusal of all th
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