HYDERABAD: In a relief to a government servant, a division bench of the Hyderabad High Court has set aside the penalty of stoppage of increment against the public servant.
The disciplinary authority concerned has to look into the ‘job charter’ of government servant concerned before imposing any punishment against the staff concerned. In the present case, the authority did not even look into the job charter before imposing penalty, the bench said.
The bench was dealing with a petition by P Sudhakar Reddy, Regional Transport Officer (RTO), with a plea to set aside the penalty imposed against him.
Petitioner’s counsel submitted that Sudhakar Reddy worked as RTO at Mancherial in Adilabad district during 2002-2003. Within his jurisdiction there was a check-post at Wankidi which is 80 kilometers away from Mancherial. At 3 am on September 17, 2003, a surprise check was conducted at this check-post by the Anti Corruption Bureau personnel. As certain irregularities were said to have been detected during this check, the ACB issued showcause notice to him in 2005 and a departmental enquiry was ordered, he added.
The bench found that though the enquiry officer held that charge of poor supervision against the petitioner was not proved, the then transport commissioner has differed with report of the enquiry officer was penalised.
An RTO officer, who has overall supervisory control over several check-posts in his jurisdiction, cannot be expected to be present at each and every one of them at each and every given moment of the day to prevent irregularities. In the present case, the disciplinary authority does not explain as to how the petitioner could be expected to be at the check post at 3 am when he was stationed at Mancherial, the bench observed.