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2022 Supreme(Telangana) 786

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J.
N. Krishna – Petitioner
Versus
The Managing Director, APSRTC Musheerabad and Others – Respondents
W.P. No. 21861 of 2006
Decided On : 09-11-2022

Advocates:
Advocate Appeared:
For the Petitioner: V. Narasimha Goud.
For the Respondent: Toom Srinivas.

Headnote:

Constitution of India,1950 – Article 14, 16 , 21 and 226 – Service Law - Service as conductor – Promotion - Charge sheet – Suspension - Whether petitioner is entitled to maintain writ petition, which is instituted after more than 22 years challenging the impugned proceedings – Held, Court has noticed that petitioner being an employee of respondent-corporation, who had been in service kept quiet - Discretionary jurisdiction of High Court can never be said to have been reasonably and judicially exercised if it entertains this type of writ petition, for no employee, who had grievance as has been raised in this writ petition have genuinely waited more than two decades; but suffice it to say that very conduct of not tracing out record and not acquiring same from respondent-corporation appears to be quite illusory - Petitioner has miserably failed to explain inordinate delay of 22 years and said laches cannot be considered on a mere submission that record is not traceable and that too he did not make any efforts in securing the record from management of respondent-corporation - Writ petition is dismissed

ORDER :

1. The petitioner filed this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an appropriate writ or direction particularly one in the nature of Writ of Certiorari to quash the impugned Proceedings No. 02/104(505)/83-DN, dated 06-04-1984, withholding two increments for a period of two years with cumulative effect besides treating the suspension period as not on duty as arbitrary, violation of Article 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to restore the deferred increments along with all consequential benefits.

2. The facts leading to the filing of this writ petition are as follows:

    The petitioner joined in the service of respondent-corporation as conductor on 22-03-1978 and he was promoted as ADC on 11-05-2006. While he was conducting the bus on 07-04-1983 from Kurmalguda to Charminar, a check was conducted by the checking officials between stage Nos. 5 and 6 i.e. Kurmalguda to Nadargole and framed charge memo pointing out cash and ticket irregularities. Basing on the same, the respondent-corporation issued charge sheet dated 15-04-1983 placing the petitioner under suspension pending inquiry into the charges. The petitioner submitted his explanation on 16-04-1983, which was found to be unsatisfactory. Thereafter, the respondent-corporation ordered regular enquiry. The Enquiry Officer conducted inquiry and submitted his report on 10-05-1983. There upon the respondent-corporation sought explanation from the petitioner by duly serving upon the enquiry report. The petitioner submitted his explanation to that effect. The second respondent after considering the explanation submitted by the petitioner and also after examining the enquiry report passed the impugned Proceedings No. 02/104(505)/83-DN, dated 06-04-1984, withholding two increments for a period of two years with cumulative effect besides treating the suspension period as not on duty. Questioning the aforesaid impugned order, the petitioner filed the present writ petition.

3. The respondent-corporation filed counter-affidavit denying the averments made in the writ petition. It is stated that the petitioner was appointed as temporary conductor in APSRTC and posted to Charminar depot on 22-3-1978. Later he was transferred to Dilsukhnagar depot and he reported to duty on 08-5-1978. Thereafter he was promoted as Assistant Depot Clerk from Hayathnagar depot and posted to Ibrahimpatnam depot, vide Office Order No. D-1/255(24)/05-HCR, dated 12-05-2006 and reported to duty on 16-5-2006. It is stated that when the petitioner was booked on 7-4-1983 on route Kurmalguda, a check was exercised at 09-05 hours at stage No. 5/6. During the course of checking, certain irregularities were detected, for which a charge memo No. 17696, dated 7-4-1983 was issued, later he was issued charge sheet dated 15-4-1983 duly placing him under suspension pending inquiry into the charges. It is further stated that the petitioner submitted his explanation on 16-4-1983, which was found to be unsatisfactory. As such, a regular enquiry was ordered. The Enquiry Officer conducted inquiry and submitted his report on 10-5-1983. After considering the explanation submitted by the petitioner, the suspension of the petitioner was lifted. He was issued with a show cause notice, dated 29-9-1983 calling upon him to explain as to why his two increments for a period of two years with cumulative effect shall not be stopped by treating the suspension period as not on duty. The petitioner submitted his explanation on 13-10-1983 to the show cause notice but he failed to show any new facts to reconsider the proposed penalty and as such, a final order for reduction of pay was issued on 6-4-1984. It is averred that the petitioner did not choose to prefer any appeal against the said order dated 6-4-1984. But after a long lapse of 22 years, he preferred the present writ petition. The explanation off

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