I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.28864 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.28864 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 Services-III ? Cases Referred:

HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.28864 OF 2022

ORDER:

Heard Sri Rangarajula Rajasekhar Rao, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking 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 proceedings of the 1^st Respondent bearing R.No.9317/V3/2003-1, dated 12.11.2008 and order of the 2^nd Respondent in Appeal bearing Memo.No.690/Vig.III(1)/2013-3, TR&B (Vig. III) Dept., dated 04.02.2014 and consequential order under Revision bearing Memo.No.5176/Tr.Vig/2019, dated 20.01.2022 is totally exfacie illegal, arbitrary, irrational, unconstitutional and void being contrary to the CCA Rules apart from violation of Arts.14 & 16 of the Constitution of India and set aside the same with all consequential benefits like promotion etc., as otherwise the petitioner will be put to heavy and irreparable loss and pass such other order or orders 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 04.01.2005 by the respondent No.1 for allegedly collecting bribes at Bhoraj 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 three annual increments without cumulative effect was imposed on 12.11.2008 vide R.No.9317/V3/2003-1 by the respondent No.1 and the same is confirmed by the Respondent No.2 in appeal vide Memo.No.690/Vig.III(1)/2013-3, TR&B (Vig. III) Dept., dated 04.02.2014 and also passed consequential order under Revision bearing Memo.No.5176/Tr.Vig/2019, dated 20.01.2022 against the petitioner without considering the grounds raised by the petitioner. Aggrieved by the action of the respondents, the petitioner field the present writ petition.

4. PERUSED THE RECORD A) The impugned proceedings vide R.No.9317 / V3/ 2003-1, dated 12.11.2008 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 J. Raymond Peter, L.A.S., R.No. 9317/V3/2003-1 Dated: 12-11-2008 Sub:- Public Servants - Transport Department - Allegations of Corruption - Surprise check conducted by Anti Corruption Bureau Officials over check post, Bhoraj, Adilabad on 15.7.2003 - charges framed against Sri T. Santosh Kumar, AMVI, Presently working at Palavancha Checkpost Khammam District - Inquiry report submitted Punishment of Postponement of 3 (three) increments without cumulative effect inflicted-orders issued -Regarding.

Ref:- 1. Charge Memo No.9317/V3/2003 Dt.04-01- 2005 of the Tran