THE HON'BLE Ms. JUSTICE G.ROHINI Writ Petition No. 21738 of 2000 Dated: 25.11.2010 Between: S.K.Chanti Babu, Vizianagaram District. ..... PETITIONER AND Depot Manager, APSRTC, Vizianagaram and 3 others. .....RESPONDENTS THE HON’BLE Ms. JUSTICE G.ROHINI Writ Petition No. 21738 of 2000 ORDER: This writ petition is filed seeking a declaration that the proceedings of the 2nd respondent dated 03.04.1986 imposing penalty of deferment of increments for a period of three years under Rule 8.1(iv) read with Rule 10.2 of A.P.S.R.T.C. Employees (CC&A) Regulations, 1967 as upheld on appeal by proceedings dated 06.12.1986 is arbitrary and illegal. It is primarily contended on behalf of the petitioner that the impugned orders are arbitrary and illegal since no enquiry was conducted by the 2nd respondent before passing the impugned order directing penalty of the deferment of increment for a period of three years, which is a major punishment. In support of his submission, the learned counsel for the petitioner relied upon the decision of this Court in W.P.No.4415 of 1996. The learned counsel has also relied upon the decision in Depot Manager, APSRTC, Anantapur v. K.Adi Reddy and others[1] wherein a Division Bench having considered the question whether any distinction can be drawn in between the two punishments of withholding increments with and without cumulative effect held that the penalty under Rule 8 (iv) regulations framed by the Corporation is a major penalty and it would attract the regular procedure under the regulations. In the light of the law laid down by the Division Bench it is clear that the order of the 2nd respondent dated 03.04.1986 which was passed without holding the regular enquiry is unsustainable. Accordingly, the said order as confirmed on appeal is hereby set aside and the writ petition is disposed of leaving it open to the respondents to conduct the enquiry in accordance with the Regulations by giving proper opportunity to the petitioner. No costs. _____________ G. ROHINI, J Date: 25.11.2010 KLP [1] 2006(4) ALT 566 (D.B)