THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7787 OF 2004 DATED 28TH AUGUST, 2009 BETWEEN A.K.Mishra … Petitioner and The Commandant, Central Industrial Security Force, Ministry of Home Affairs, CISF Unit, N.F.C., ECIL Post, Hyderabad. And Another ... Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7787 OF 2004 O R D E R It is represented that this case is squarely covered by my order dated 21.08.2009 in W.P.No.2562 of 2004. In the present case by order dated 12.10.2002 the disciplinary authority imposed the punishment of withholding of increments for a period of five years with effect on future increments. On appeal, by order dated 11.02.2003, the appellate authority enhanced the punishment directing reduction of pay by three stages for a period of three years. He further directed that the petitioner would not earn increments during the period of reduction of pay and that on the expiry of this period, the reduction would have the effect of postponing his future increments of pay. The later portion of the above punishment has the effect of withholding the petitioner’s increments with cumulative effect, which upon perusal of the Rules in the aforestated case, W.P. No.2562 of 2004, was found to be without sanction. In keeping with the relief granted in the earlier case, the punishment in the present case is modified to the extent that the withholding of the increments of pay during the period of reduction of the pay will not have effect on the future increments and shall not be treated as withholding of increments with cumulative effect. The writ petition is accordingly allowed in part. No costs. -------------------------- SANJAY KUMAR,J 28th AUGUST, 2009 PGS