THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.5580 of 2011 ORDER: Questioning inaction on the part of the respondents in restoring the petitioner’s annual increments, which were withheld pursuant to the office order dated 12.05.1992 of the 2nd respondent, present writ petition has been filed. The case of the petitioner, in brief, is that he was appointed as a Conductor in the respondent Corporation on 18.10.1978 on regular basis and he worked in various places. On attaining the seniority, he has been promoted as Assistant Depot Clerk (ADC) in the year 2006 and at present he is working under the control of the 3rd and the 4th respondents. It is submitted that while he was working in the year 1991 at Adilabad as Conductor under the control of the 2nd respondent, on 05.03.1991 a charge memo was served on the allegation of cash and ticket irregularities for which, he submitted his explanation on 11.03.1991 but without considering the same, the 2nd respondent issued charge sheet dated 25.04.1991. Thereafter, the 2nd respondent disbelieving the explanation of the petitioner, passed office order dated 12.05.1992 holding that the charges leveled against the petitioner stand proved for which, the penalty of deferment of increments for a period of two years, which shall have its effect on his future increments. Thereafter, the petitioner filed an appeal and review that were rejected by the concerned authorities –01.1994 and 07.03.1994, respectively. Aggrieved by the same, he filed W.P. No.27128 of 1999 before this Court on the ground that the punishment imposed is a major punishment, which cannot be imposed without conducting enquiry. This Court by order dated 02.03.2001 allowed the writ petition duly setting aside the punishment order, however, liberty was given to the respondents to take appropriate action, in accordance with law, if they are so advised. Thereafter, the 1st respondent issued proceedings dated 01.06.2001 calling for the petitioner to appear before the Assistant Manager (Inq) RM’s Office, Adilabad being the Enquiry Officer on 14.06.2001 for facing the detailed enquiry into the aforesaid charge. Accordingly, the petitioner faced the inquiry and was informed that in the enquiry the charges leveled against him were not proved and a report was also submitted to that extent. Therefore, as per the order dated 02.03.2001 passed in W.P. No.27128 of 1999 he is entitled to the benefits that were withheld pursuant to the office order dated 12.05.1992 of the 2nd respondent. For the reasons best known to the authorities, the benefits are not restoring. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned standing counsel for the Corporation and perused the material on record. The main grievance of the petitioner, in the instant writ petition, is that though the punishment imposed pursuant to the office order dated 12.05.1992 is set aside, the respondents are not restoring the annual increments. Pursuant to the liberty given in the order dated 02.03.2001 passed in W.P. No.27128 of 1999, the respondent authorities have conducted enquiry and no punishment was imposed. As referred to above, earlier punishment was set aside by this Court and in the subsequent enquiry no punishment is imposed, as such, there is no punishment as against the petitioner. Therefore, certainly, the petitioner is entitled to the annual increments that were withheld pursuant to the officer order dated 12.05.1992. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, the respondents are directed to restore the increments, in accordance with law, which were withheld pursuant to the office order dated 12.05.1992, in compliance of the order dated 02.03.2001 passed in W.P. No.27128 of 1999, within a period of one month, from the date of receipt of a copy of this order. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 28.03.2011 LSK