I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.30165 OF 2022 Between:

T.Santosh Kumar … Petitioner And The Commissioner of Transport, Telangana State, Khairatabad, Hyderabad & another … Respondents JUDGMENT PRONOUNCED ON: 02.05.2025 THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes see the fair copy of the Judgment?

___________________________ MRS. JUSTI CE SUREPALLI NANDA THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30165 OF 2022 % 02.05.2025 Between:

# T.Santosh Kumar … Petitioner And $ The Commissioner of Transport, Telangana State, Khairatabad, Hyderabad & another … Respondents Gist:

> Head Note:

! Counsel for the Petitioner : Sri Rangarajula Rajasekhar Rao ^ Counsel for Respondents : Ld. Asst. G.P. for Transport for R1 Ld. Asst. G.P. for Services-III for R2 ? Cases Referred:

HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30165 OF 2022

ORDER:

Heard Sri Rangarajula Rajasekhar Rao, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Transport appearing on behalf of the respondent No.1 and learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondent No.2.

2. The petitioner approached this Court seeking the prayer as under:

“….to issue a Writ more in the nature of Writ of Mandamus or any other Writ order or direction, to declare the impugned order of the 1^st Respondent bearing R.No.13171/V3/2002-3, dated 11.12.2008, imposing the penalty of postponement of two (2) annual grade increments with cumulative effect and same is confirmed by the 2^nd Respondent in appeal vide Memo.No. 689/Tr.Vig./2013, dated 20.01.2022 is illegal, arbitrary, unconstitutional and contrary to Rule 20 of CCA Rules and set aside the same and consequently direct the respondents to release the increments with all consequential benefits and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner was issued a charge memo on 04.10.2002 by the respondent No.1 for allegedly collecting bribes at Vakadu check post and the said memo violated Rule 20(4) of the TSCS (CCA) Rules as it lacked necessary details and reflected a prejudged conclusion. Despite the petitioner submitting his explanation, an inquiry was held without proper procedure or witness examination, and a penalty of postponement of two annual increments with cumulative effect was imposed on 11.12.2008 vide proceedings R.No.13171/V3/2002-3 by the respondent No.1 and the same is confirmed by the Respondent No.2 in appeal vide Memo. No.689/Tr.Vig./2013, dated 20.01.2022 without considering the grounds raised by the petitioner. Aggrieved by the action of the respondents, the petitioner filed the present writ petition.

4. PERUSED THE RECORD A) The impugned proceedings vide R.No.13171/ V3/ 2002-3, dated 11.12.2008 issued by the respondent No.1- Transport Commissioner, Andhra Pradesh, Hyderabad to the petitioner herein, is extracted hereunder:

“PROCEEDING OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Present: Sri Sri. J. Raymond Peter. I.A.S.

R.No. 13171/V3/2002-3 Dated: 11-12-2008 Sub:- Public Servants-Transport Department-

Allegations of Corruption-Surprise check conducted by Anti Corruption Bureau Officials over Transport check post, Wankhidi, Adilabad on 11.4.2002-charges framed against Sri T.

Santosh Kumar, MVI, Presently working at ICP, Bhoraj, Adilabad District - Inquiry report submitted-Punishment of Postponement of 2 (two) increments of pay with cumulative effect-inflicted - orders issued-Regarding.

Ref:- 1. Charge Memo No. 13171/V3/2002, Dt.04-10-2002 of the Transport Commissioner, Andhra Pradesh, Hyderabad

2. Explanation of T. Santosh Kumar, MVI

3. Proceedings in R.No.13171/V3/2002