IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 5161 of 2005 Between: V. Ramanaiah, s/o Penchalaiah,' r/o Atmakur (N), Nellore District. ..... PETITIONER AND The Depot Manager, APSRTC, Atmakur (N), Depot, Nellore District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or directions, more in the nature of Writ of mandamus, declaring the office Order dated 6-5-1998 as illegal and arbitrary and set aside the same with all consequential benefits including arrears and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.GOVINDA RAJULU Counsel for the Respondent: MR.R.MANMADHA REDDY The Court at the admission stage made the following: ORDER: Declaring the action of the respondent in imposing major penalty vide proceedings No.M1/2(1)/96-ATKR (N), dated 06.05.1998, as illegal and arbitrary, the present writ petition is filed. The petitioner is working as a Driver in the respondent Corporation. He was charged for certain irregularities in discharging his duties. He submitted his explanation. The respondent passed an order on 06.05.1998 without conducting any enquiry by imposing a penalty of deferment of annual increment for a period of two years, which shall have effect on future increments of the petitioner. Hence the writ petition. 2. The grievance of the petitioner is that since it is a major punishment, it cannot be maintained unless it is imposed after holding an enquiry and giving an opportunity to the petitioner. Therefore, he approached this Court through this writ petition to declare that the action of the respondent is illegal and to direct the respondent to add the deferred increments. 3. It is well settled that denial of increments with cumulative effect tantamount to a major penalty, and such penalty cannot be imposed by the disciplinary authority without holding a regular departmental enquiry in terms of relevant service regulations. 4. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of two years with cumulative effect, imposed by the respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of two years without cumulative effect. The petitioner is not entitled for the difference of the amount, if any, by virtue of this Order, but he is entitled to get the increment on notional calculation from the date of this order, to which, he is entitled. 5. The writ petition is, accordingly, disposed of. No costs. Dated: 15.03.2005 Dsr ASSISTANT REGISTRAR To: 1. The Depot Manager, APSRTC, Atmakur (N) depot, Nellore District 2. Two CD copies Form-NIC-OGS/WP{AVLR}