ORDER :

1. Heard learned counsel for the petitioner and learned standing counsel appearing on behalf of the respondents.

2. This writ petition is filed to issue an appropriate writ or direction particularly one in the nature of Writ of Certiorari to quash the impugned proceedings No. 02/95/(27)/05-IBM, dated 18.12.2006 in postponing the petitioner’s annual increment for a period of two years which shall have the effect of the petitioner’s future increments besides treating the suspension period as not on duty as illegal and in violation of principles of natural justice as well as in violation of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the respondents to restore the postponed increment duly treating the suspension period as on duty along with all consequential benefits.

3. The case of the petitioner, in brief, as per the writ affidavit, is as follows:

(a) The petitioner joined the services of the respondents’ corporation as Conductor on 21.06.2001 through due process of selection. Subsequently, his service was regularized w.e.f. 01.08.2022. Ever since the date of joining into service, the petitioner had been continuously worked till he was kept under suspension on 13.10.2005 on the ground that he was involved in cash and ticket irregularities while conducting the bus service on 11.09.2005.

(b) Thereafter, the impugned punishment was imposed against him, postponing his annual increment for the period of (2) years, which shall have the effect of postponing increment besides treating the suspension period as not on duty for all purposes.

(c) In respect of the above punishment, petitioner submitted that while he was conducting the bus service on 11.09.2005 from Ibrahimpatnam to Women’s College, i.e., from Stage No. 1 to 18, a check was affected at stage No. 12 i.e., B.N.Reddy Colony and found no irregularities. However, after (5) days from the date of check, the charge memo was served in the 2nd respondent depot alleging as follows:

“You have collected an amount of Rs.6/- from a batch of (2) lady passengers who boarded your bus at Gurramguda and bound to Ring Road ex-stages 11 to 13 and issued ticket bearing No. 907/347072 and 7078 of Rs.3/-denomination respectively, out of above (2) tickets, the ticket bearing No. 907/437072 is issued, accounted by you in the service SR against stage No. 13 (reissue) while the bus is proceeding from Nalgonda ‘X’ Road to Ibrahimpatnam, in 18:40 hours trip, disallowed the reissued ticket and obtained the fresh bearing ticket No. 907/437079 and also confiscated the S.R.No. 022/833817, and issued another S.R. duly opening ticket tray numbers.”

(d) For the above allegations, the petitioner submitted his explanation dated 22.09.2005 explaining that out of the said (2) lady passengers, one passenger paid Rs.3/- and purchased the ticket bearing No. 970/437078 and another passenger has reported that she was having a bus pass. Hence, the petitioner requested her to show the bus pass and she was searching her belongings. While so, the petitioner concentrated in issuing the tickets to other passengers who had not purchased the tickets. In this process, the stage No. 12 has come and she picked up ticket bearing No. 907/437072 of Rs.3/-denomination from the floor of the bus on seeing the checking officials. Therefore, the petitioner denied the charge of issuing of the said ticket to her.

(e) Further, it is the case of the petitioner that the checking officials did not take the (2) individual witnesses and signature along with their full details as per the checking rules and operational manual of the corporation. Therefore, the action of the checking officials is very much arbitrary. However, the 2nd respondent suspended the petitioner from service on 13.10.2005 and issued charge sheet alleging the following charges:

CHARGES:

“1. For having failed to issue correct & valued tickets after collecting Rs.6/-from a batch of two lady passengers who boarded the bus at Gurramguda and bound for