THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23846 of 2010 ORDER: The petitioner is working as Conductor in Jangareddygudem Depot of the Andhra Pradesh State Road Transport Corporation. A charge sheet was issued on 16.01.1990 and the petitioner submitted his explanation. Taking the same into account, respondent No.2 passed an order, dated 03.03.1990, imposing the punishment of deferment of annual increment for a period of two years with cumulative effect. The same is challenged in this writ petition. It is urged that the respondents imposed major penalty against the petitioner without following the procedure prescribed therefor. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. In Kulwant Singh Gill V. State of Punjab[1], the Hon’ble Supreme Court held that the punishment of deferment of increment with cumulative effect is classified as a major penalty under the relevant Service Regulations. For imposition of such a penalty, it is essential to conduct domestic enquiry. Admittedly, no such enquiry was conducted in this case. In the ordinary course of things, the impugned order needs to be set aside, leaving it open to the respondents to pass fresh orders. To avoid further delay and complication in the matter, this Court is of the view that the impugned order can be treated as the one for deferment of annual increment for a period of two years without cumulative effect. Therefore, the writ petition is partly allowed, directing that the order, dated 03.03.1990, passed by respondent No.2 shall be treated as the one for deferment of annual increment for a period of two years year without cumulative effect. However, the petitioner shall not be entitled to any monetary benefit that had accrued up to the date of this order. There shall be no order as to costs. ______________________________ JUSTICE L.NARASIMHA REDDY 27th September 2010 dr [1] 1991 Supp (1) SCC 504