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SUREPALLI NANDA
S. R. Goud – Appellant
Versus
Regional Manager, APSRTC Mahaboobnagar Region, Mahaboobnagar – Respondent
ORDER :
1. Heard the counsel for the petitioner. Heard the counsel for the respondents.
2. The petitioner filed the Writ Petition seeking writ of Mandamus declaring the action of the respondent No.1 in imposing the modified punishment of reduction of petitioner’s pay by two incremental stages with cumulative effect is bad, arbitrary, illegal, unjust, unreasonable by setting aside the proceeding No.PA/19(19)/2012-RM:MBNR, dated 08.01.2013 in so far as the remaining punishment only and consequently direct the respondents to allow the increments to the petitioner as usual. 2(i) The case of the petitioner in brief is that he has been appointed as Conductor on 02.06.1977 in the Corporation of the respondents and he has been promoted as Assistant Depot Clerk/Controller on 17.06.1996 and thereafter on 12.07.2011 he has been further promoted to the post of Depot Clerk. Since the date of petitioner’s appointment and till his retirement petitioner discharged his duties in APSRTC, Mahaboobnagar Region and retired from service on 31.08.2013. In the petitioners entire service there is no remark at all in petitioner’s record. 2(ii). The petitioner further submits that he was issued with a charge
The main legal point established in the judgment is that the punishment imposed should be proportionate to the misconduct and should be based on the actual loss sustained due to the misconduct.
Disciplinary actions must adhere to principles of natural justice and prescribed regulations; imposing unauthorized punishments is unlawful.
The court can modify disciplinary actions when found disproportionate to the proven misconduct.
The punishment should be proportionate to the misconduct, and past conduct should not be considered without notice to the employee.
The court emphasized that it does not sit as an Appellate Court to re-appreciate the evidence, but would only interfere if the findings of the Enquiry Officer are based on no evidence or if there are....
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