IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 2426 of 2005 Between: B.M. Reddy, S/o. Ram Reddy, Hindu, Nalgonda Bus Depot, Nalgonda. ... PETITIONER AND The Depot Manager, APSRTC, Nalgonda Bus Depot, Nalgonda. ...RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or order or direction one in the nature of Writ Mandamus declaring that the action of the respondent in postponing the annual increment for a period of one year which shall have effect on petitioner's future increments without conducting a regular enquiry as bad, arbitrary, illegal, unjust and contrary to the judgments of this Hon'ble Court and apex court and set a side the final order No. 02/244(9)/95-NLG dated 6-2-1996 of Respondent herein. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondent: MR.V.T.M.PRASAD The Court made the following: ORDER: Alleging that petitioner committed certain irregularities, a chargesheet was issued to him on 28-12-1995 calling for his explanation. The writ petitioner gave his explanation denying the charges. Without conducting any enquiry, the Disciplinary Authority imposed a penalty of deferment of one annual increment which shall have the effect of postponement of future increments, by its proceedings dated 06-02-1996. Questioning the same, the present writ petition is filed. 2. Learned counsel appearing for the writ petitioner contended that imposing a major penalty without conducting any enquiry is illegal and since the incident in question has taken place long back, instead of remitting the matter to the Disciplinary Authority, he prays to set aside the impugned order. 3. For certain irregularities, a chargesheet was issued to the petitioner and an explanation was called for. Without considering the explanation offered by the petitioner and without conducting any enquiry, a penalty of deferment of one annual increment, which shall have the effect of postponement of future increments, was imposed on him. There cannot be any dispute that imposing the penalty of deferment of one annual increment having the effect of postponement of future increments, is a major penalty. But such a major penalty cannot be imposed without conducting any departmental enquiry. Though it is matter to be remitted back to the Disciplinary Authority for appropriate decision, as the incident in question took place long back, therefore, considering the facts and circumstances of the case, minor penalty can be imposed on the petitioner. In the result, the writ petition is disposed of modifying the penalty passed by the Disciplinary Authority to that of deferment of one annual increment without cumulative effect. In the circumstances, no costs. ________________ K.C. BHANU, J Dated: 14-02-2005 LSK/PRV ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER. To 1. The Depot Manager, APSRTC, Nalgonda Bus Depot, Nalgonda. 2. Two C.D. copies.