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IN THE HIGH COURT OF TELANGANA
PULLA KARTHIK
Sk.Mousuddin – Appellant
Versus
Telangana State Road Transport Corporation – Respondent
| Table of Content |
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| 1. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. review notice deemed arbitrary. (Para 2) |
ORDER :
Pulla Karthik, J.
This writ petition is filed to declare the review show cause notice No:Steno/19(64)/2018-DVM:ADB, dated 24.12.2018 issued by the 2nd respondent enhancing the penalty of deferment of increment for a period of one year which shall have its effect on future increments to that of removal from service, as arbitrary, unjust, violation of principles of natural justice, violation of Articles 14 and 21 of the Constitution of India, without jurisdiction and contrary to the Telangana State Road Transport Corporation Employees’ (Classification, Control and Appeal) Regulations, 1967 (for short, “the Regulations”).
2. Heard A.G. Satyanarayana Rao, learned counsel appearing for the petitioner and Sri U. Shanti Bushan Rao, learned Standing Counsel for the Telangana State Road Transport Corporation (for short, “the Corporation”) for the respondents.
3. Learned counsel for the petitioner submits that while the petitioner was performing duty on Bus bearing No. TS 01Z 0114 on route from Hyderabad to Adilabad, one passenger travelling up to Adilabad has purchased
A higher authority cannot enhance disciplinary penalties without an appeal from the employee, as procedural safeguards must be observed to ensure justice.
The reviewing authority must provide adequate justification for enhancing punishment in disciplinary proceedings, adhering to principles of natural justice.
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The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
It is well settled, by a series of rulings of Apex Court and various High Courts including Court, that in a case where disciplinary authority and enquiry authority are two different functionaries, th....
The Appellate Authority cannot enhance a penalty while an appeal against the original penalty is pending, absent new evidence or after the appeal period has expired.
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