ORDER:

1. Heard learned counsel for the petitioner and learned standing counsel for the respondents-RTC.

2. The petitioner filed this writ petition to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of respondent No.4 in imposing the punishment of reduction of petitioner’s pay by two incremental stages with cumulative effect and treating the period of suspension as not on duty for all purposes as arbitrary, illegal and unreasonable by setting aside the Final order No.02/114(27) 2005 HYT, dated 23.12.2005 of the 4th respondent and consequential proceeding No. PA/20(229)/2007-HCR, dated 22.11.2007 of the 2nd respondent and direct the respondents to restore the reduced increments of the petitioner with proper fixation and treat the period of suspension of the petitioner as on duty for all purposes.

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

a) The petitioner was appointed as Conductor in the year 1996 and his services were regularized on 01.08.1997.

b) When the petitioner was performing duty on 26.07.2005 on the bus bearing No.AP9Z4839 of Hayathnagar Bus Depot, when the bus reached the bus depot, one of the officers asked him whether he consumed any liquor while he was on duty. The petitioner said that he has not taken any liquor while he was performing on duty. Then, they conducted a breath analyzer test, but there was no response from the machine initially, thereafter, the respondent staff themselves stated that there was a signal of intoxication, but he has not seen the same.

c) Subsequently, the petitioner was issued with a charge sheet and suspension order dated 03.08.2005 alleging that he was in inebriated condition while performing duty on 26.07.2005.

d) Thereafter, the petitioner submitted explanation denying the charge, but without satisfying the same, a formal enquiry was conducted and punishment of reduction of pay by two incremental stages with cumulative effect was imposed against the petitioner treating the suspension period as not on duty for all purposes vide proceedings No.02/114(27) 2005 HYT, dated 23.12.2005 by the 4th respondent.

e) Against the said final proceedings No.02/114(27) 2005 HYT, dated 23.12.2005 by the 4th respondent, the petitioner preferred appeal to the Divisional Manager, Hyderabad Division, but it was rejected on 06.11.2006.

f) Thereafter, the petitioner preferred review petition to the 2nd respondent and the same was also rejected on 22.11.2007.

g) Hence, this writ petition.

4. The respondents filed counter affidavit denying all the averments made in the writ petition except those that are specifically admitted herein and the relevant paras are extracted as under:

a) During the service of the petitioner, while working at Barkatpura Depot, he was also involved in a Cash and Ticket irregularity case on 15.05.1997 on route 835, for which he was charge sheeted and penalized by reducing 50 stages in the regional seniority list of Conductors of Hyderabad City Region vide order dated 20.09.1997.

b) On a complaint, on incoming to depot, the petitioner was checked with a breath analyzer and indicated that he was in an intoxicated condition. The Assistant Manager (material) of Hayathnagar Depot, has conducted preliminary enquiry and reported that the petitioner has performed duty in a drunken condition, which is a serious misconduct in terms of APSRTC Conduct Regulation and he has tarnished the image of the Corporation before the public.

c) Since the offence was of serious in nature, the petitioner was placed under Suspension w.e.f. 03.08.2005 in terms of Regulation 18(1)(a) of APSRTC Employees CC&A Regulations, 1967 in the public interest pending enquiry into the charges duly issuing a charge sheet with the following charge:

“For having performed duty with Service No.154/2 on 26.07.2005 in an inebriated condition which constitutes misconduct in terms of Reg.28(xv) and (xxxii) of APSRTC Employees (Conduct) Regulations, 196