IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.619 of 2007 Between: N.S.R.Murthy, s/o Chandra Rao, APSRTC, Ravulapalem Depot, Ravulapalem Mandal, East Godavari District. ..... PETITIONER AND 1 The Regional Manager, A.P.S.R.T.C., Rajahmundry, East Godavari District. 2 The Depot Manager, A.P.S.R.T.C., Amalapuram Depot, East Godavari District. .....RESPONDENTS 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 more particularly one in the nature of writ of Certiorari calling for records pertaining to the impugned order dated 30-4-1998 made in No.PA/95(28)/98-AMP of the 1st respondent that was culminating in proceedings No.PA/20(28)/99-RM:RJY dated 24-4-1999 passed by the 2ndrespondent and quash the same. Consequently direct the respondents to restore the annual increments withheld by the respondents through impugned order forthwith and pass such other and further order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner: MR.S.A.RAZAK Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.619 OF 2007 ORDER: It is the case of the petitioner that, while he was working as Conductor in the A.P. State Road Transport Corporation at Amalapuram Bus Depot of East Godavari District, disciplinary proceedings were initiated against him for certain cash and ticket irregularities alleged to have been committed by him and, without conducting any enquiry, a punishment of deferment of annual increment for a period of two years with cumulative eﬀect was imposed on him, by order dated 25.06.1998 of the 2nd respondent- Depot Manager, Amalapuram Bus Depot. Aggrieved thereby, he preferred an appeal to the Deputy Chief Traﬃc Manager, East Godavari Region, but the same was dismissed by order dated 03.12.1998. Thereupon, he filed a review petition before the 1st respondent- Regional Manager, Rajhmundry, who reduced the punishment imposed on the petitioner to that of deferment of annual increment for a period of one year and nine months with cumulative eﬀect, by order dated 24.04.1999. Questioning the same, this writ petition is filed. Learned counsel for the petitioner contends that no enquiry was conducted into the charges leveled against the petitioner, and imposing a major penalty of deferment of annual increment with cumulative eﬀect, without conducting a detailed enquiry, is arbitrary and illegal. The issue that arises for consideration in this writ petition is squarely covered by a decision of this Court in Sk.Masthan vs. Managing Director, APSRTC and others[1], wherein it was held that imposition of major penalty with cumulative eﬀect without conducting any enquiry is arbitrary and illegal. In view of the above, following the aforesaid judgment, the impugned order is liable to be set aside. However, instead of remanding the matter for reconsideration and putting the petitioner to the hardship of facing enquiry at this length of time, I deem it appropriate to give a quietus to this litigation here itself, by modifying the punishment imposed on the petitioner to that of deferment of annual increment for a period of one year and nine months without cumulative eﬀect. However, it is made clear that the petitioner is not entitled to any monetary benefits therefor, till the date of this order. The writ petition is accordingly disposed of. No order as to costs. ___________________ JUSTICE C.V. RAMULU 18th October, 2008. Note:- Issue CC in one week. BO IBL [1] 1999 (2) ALT 109